It is too late to get a power of attorney when your family member is already in the hospital or suffering from a mental disease such as Alzheimer's or Dementia? Unfortunately, when our loved ones need help the most, we are left powerless because the sudden medical emergency has cut short any rendered useless and planning that would have avoided these issues, such as a power of attorney.
When a family member is already experiencing a lack of capability to take care of their affairs then they lack the ability to consent to a power of attorney giving you or another caring family member control of their financial and medical decisions.
This is especially true when they are in a nursing facility. A notary must make sure a person executing a power of attorney is lucid enough to make an intelligent decision. Even if a notary agrees that the ill person is lucid enough, if the patient is in a nursing facility an ombudsman appointed by the hospital must also confirm the lucidity in order to execute the power of attorney. Unfortunately, the only other option is to start a legal conservatorship with the courts.
This could be all avoided with pre-planning by completing an estate plan that includes a power of attorney. Our firm can do both estate planning and or conservatorship if the time has past. However, if one had to choose then a power of attorney is cheaper and less time consuming.
