Q. In the absence of a durable power of attorney, who has the right to sign for an incapacitated person?
— A friend
A. It depends on what needs to be signed.
In
order to engage in financial transactions with respect to assets solely
owned by the incapacitated person who did not execute a power of attorney, a guardian
will have to be appointed, said Shirley Whitenack, an estate planning
attorney with Schenck, Price, Smith & King in Florham Park.
For this, an application will have to be
filed in the probate part of the Superior Court of New Jersey in the
county where the incapacitated person resides.
“Absent an emergency, a guardian
also will need to be appointed in order to make medical decisions for
an incapacitated person who has not signed a health care proxy,” she
said. “It generally is not necessary to be appointed as an agent under a
power of attorney or health care proxy or legal guardian for someone
else to sign an assisted living or nursing home admissions contract or a
Medicaid application.”
But before you
sign someone else’s admissions contract, but sure to read the fine print
to make sure you don’t become responsible for the bills.
Full Article & Source:
Who can sign for an incapacitated person if there’s no power of attorney?
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