I am the POA of my mother, how do I become executor or guardianship?

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Rose7538 Asked May 2016

I am the POA of my mother, how do I become executor or guardianship?

My mother was diagnosed with Alzheimer's disease. She was living with me for three years but as the disease progressed I could no longer care for her. i have four other siblings but none of them would help me with mom and I was totally burnt out it and started affecting my health. I had to put my mother in the nursing home. We live in Jersey City. my Mom have very little money and is in the process of getting medicaid. I am her power of attorney but I know it is only good while she is alive. I am also on her bank accounts but how do I become the executor of her estate or have guardianship now to handle her business if she passes. What are the legal steps I need to take.

Power of Attorney (POA)

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score 2 · Answer 1

Don't assume that your mother cannot make a will now. It depends on the nature of her impairments. Here is an article by the site's legal expert, explaining when someone with AZ is competent enough to sign a will: https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm

She may not meet the criteria. But if she does, that would certainly be the easiest way to arrange to be the executor (assuming that is what Mom wants).

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score 0 · Answer 2

I just caught your words -- POA of a minor. How old is the minor? Were they old enough to sign a POA agreement? Where are the parents of the minor? They are usually the guardians until the minor comes of age unless the minor is emancipated.

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score 1 · Answer 3

Yes, a guardianship is more powerful and more expensive to get. Under normal circumstance you will not need guardianship if you already have POA. Guardianship is useful if there is no POA set up before a person becomes incapacitated or if the person is very hard to manage. If she is doing well in the NH, getting a guardianship would probably not be useful.

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score 0 · Answer 4

is guardianship more powerful than power of attonery of a minor

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score 0 · Answer 5

There are also intestacy laws which govern distribution of assets when someone dies without a will.

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score 0 · Answer 6

Thank you cwillie....There is no will. so how is the administrator selected by the probate court?

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score 2 · Answer 7

The executor is named in the Will, if you aren't the one named then there is nothing you can do about it. If there is no Will then each State will have a protocol in place whereby an administrator will be named by the probate court.

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I am the POA of my mother, how do I become executor or guardianship?

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