What if mom has lost capacity and it is too late to get a power of attorney?
If capacity is gone, then the only alternative becomes seeking guardianship through the county probate court. Similar to powers of attorney, there are two types of guardianship: one over the person and one over the property (conservatorship). Obtaining guardianship can be a time consuming, expensive, and often disharmonious process. Accordingly, it is always ideal to seek powers of attorney prior to a loss of capacity.
