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No, you cannot make changes to a pre-existing will using power of attorney, especially if it benefits the person who holds power of attorney. A person has to be "in their right mind" or "competent" to execute a power of attorney legally. If you need to get a legal right to act on mother's behalf, you will need to seek guardianship through the courts. Sorry, but the laws were put in place to protect individuals, sometimes to a family's dismay.
Her existing Will should govern, unless she was not competent when she signed it. I'd see an attorney if that is the case, but, you can't just decide to redo it or make a new one, if she is not competent to make her own decisions.
I wouldn't have hope of getting a POA either, if she's not competent. An attorney will have to take measures to ensure that she understands her POA appointment and is competent to sign one.
If you need authority to act, I'd see the attorney about Guardianship, if the POA matter can't be resolved.
You don't. You've missed the boat. Power of Attorney is given by a person while of sound mind to a person whom she trusts to act for her once she is no longer able to act for herself.
And who's this "we" who wants to change your mother's will? You do realise how incredibly wrong that sounds, do you? The only person who had any right to alter your mother's will was your mother.
If you need to act for your mother to protect her, you will need to apply for guardianship. You still won't be able to change her will though.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Since your wrote that she is not in her right state of mind, no Attorney would even consider having Mom sign any type of legal documents.
I wouldn't have hope of getting a POA either, if she's not competent. An attorney will have to take measures to ensure that she understands her POA appointment and is competent to sign one.
If you need authority to act, I'd see the attorney about Guardianship, if the POA matter can't be resolved.
And who's this "we" who wants to change your mother's will? You do realise how incredibly wrong that sounds, do you? The only person who had any right to alter your mother's will was your mother.
If you need to act for your mother to protect her, you will need to apply for guardianship. You still won't be able to change her will though.