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If the person is not cognizant a lawyer would not be able to have her sign documents appointing a POA.
If she does not understand what the process is and why she is appointing a POA you may have to go the route of becoming a Guardian.
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No
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Waited too long, no can do, all legal documents should have been addressed when the person was still cognitive.
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I think she would understand of putting me as her poa and know that she can’t sign her name anymore. She’s on social security and I’m on disability. We just don’t have the money for the guardianship. We r mother and daughter.
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ventingisback Aug 2023
OP, it’s impossible. She’s not even able to sign her name. Ask a lawyer: only a lawyer can help you. But you’ll see, the lawyer will say no.

I had a friend who waited way too long to get POA for his mom. By the time my friend tried, his mom had severe dementia. The lawyer said no. My friend had to get guardianship.
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What exactly are you trying to get done with the POA - there may be ways to accomplish that without it.
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Theo951 Aug 2023
I like how you tried to help.
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To be over her medical and have some say about the house. It’s the family house. After my dad died in 1997 I have lived in the house all my life. My brother has his own house and really doesn’t care about the house. I will lose everything when she dies. I’m not good at all this paperwork stuff. In the beginning she just didn’t want to deal with it.” As time went on I didn’t think anything about it.Now I’m thinking it’s 2 late. Then I looked up guardianship and it could cost up to like $1000.00 or more. I’m at my wits end. I’m basically the only one taking care of her.
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You must have been paying bills for a long time now without her, just continue doing that.
When it comes to healthcare - I was often asked if I was POA but never asked to produce the document 🤷🏻‍♀️. Unless you run into a hard azz most doctors and nurses are willing to communicate with the family and will ask what they want done even without POA, after all there are many, many younger people who wind up in the hospital who have not even thought about these things. The problems arise when there are family disputes, so it is imperative that you and your brother are on the same page.
If she eventually needs Medicaid the same rules will apply whether you are POA or not - that's a whole different conversation and I'm no expert but there may be an ability to keep the home if you have provided a level of care that kept her out of a nursing home for a number of years. This can get complicated, there are books that can help you but this is where spending the money for guidance will pay in the long run.
If she dies without a will (intestate) your state will have laws written about how the estate is divided, you can look them up on line.
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