Your “Ask Us” responses

Your legal questions answered by the experts of Carter & Valle Law Firm. 

Question submitted 11/17/2010:
I have my mother's medical power of attorney. I also am on her checking and savings accounts as an authorized signer. Do I need a power of attorney to pay her bills, etc. if she becomes incapacitated?

Answer from Kathleen Carter of Carter & Valle Law Firm:
Yes, you need a general power of attorney. You could pay her bills since you are on her account, but you don't have authority to negotiate those bills if there is a problem or make any other necessary decisions for her if she becomes incapacitated. Also, a power of attorney will make a formal guardianship and conservatorship unnecessary and those proceedings cost approximately $2,500 and require a formal court proceeding. A power of attorney is the way to go.

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