Full question:
My sister tried to commit suicide yesterday and has been admitted into a psychiatric facility where she is still in the 'mental breakdown mode'. Her husband is planning to use this against her for the divorce that is up and coming. She has three minor children; therefore, I need to make sure everything is taken care of on her side. How do I do that? Is it through Power of Attorney?
- Category: Power of Attorney
- Date:
- State: Colorado
Answer:
Ideally, a person signs a power of attorney for an agent to hangle their affairs if they become unable to. However, a person needs the capacity to understand her actions at the time of signing. When a person is incapacitated, she is unable to sign a power of attorney. I suggest discussing her mental capacity to sign a contract with her physician.
One way for another to handle the affairs of someone who is incapacitated is to establish a guardianship or conservatorship. It can be established for the person, their estate, or both. A conservator or guardian manages the daily financial matters of the estate and/or provides care for the person. An inventory and appraisal of the estate is required to be filed in court and a bond may be required. Due to the complexities of establishing a conservatorship or guardianship, it its recommended to consult a local attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
