Question: How would we go about getting custody over our elderly aunt, who is physically disabled but mentally competent and has no one else to look after her and her resources?
Answer: If your elderly Aunt is mentally competent and is willing to have you look after her, she can execute a General Durable Power of Attorney which names you as her agent. She can also execute an advance directive for her health care. Her physical incapacity does not equate to a mental incapacity. The power of attorney would help you assist with her finances and to look after her and her resources. The key here is that she must be willing to let you assist her with her needs. If she is not willing and is physically unable to take care of herself you may petition the court to become guardian of the person if she is unable to physically take care of herself. Someone who has capacity is presumed to have the ability to take care of their own finances.
James J. Ruggiero, Jr., Esq., AEP
Ruggiero Law Offices, LLC
Member of the national Panel of Elder Care Experts on ElderCareMatters.com
If you need answers to your elder care questions, send your questions to us at:
Answers are provided by our ElderCare Matters Partners, some of America's TOP Elder Care Professionals who have years of experience in helping families plan for and deal with a wide range of Elder Care / Senior Care Services.
All Q&A's are posted on the homepage of ElderCareMatters.com
If you help familes plan for or deal with elder care matters, then you owe it to yourself and to families across America to become a professional member of the National ElderCare Matters Alliance and to be listed on the many Elder Care / Senior Care Directories that are sponsored by this National Alliance of Elder Care Professionals.
For additional information about professional membership in the National ElderCare Matters Alliance, (including the many benefits of becoming one of our ElderCare Matters Partners) and to download an Application for your Basic, Premium or Partner Membership in the National ElderCare Matters Alliance, visit: ElderCare Matters Alliance.