In Elder Law News

If your mother is competent, she must choose her agent under her durable power of attorney. If she is not, you would have to go to court to have one or more of you appointed guardian or conservator (different states use different terms). If you can’t agree on who that would be, a mediator might help. Otherwise, a judge will have to decide. Unfortunately, any dispute in court can be time-consuming, acrimonious, and expensive.

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