[IA] What legal options do I have if my mother refuses help but is unable to manage her affairs and is being financially exploited?

IA Family Law

Barrister

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Okay, the problem here is that a power of attorney has to be given voluntarily by the principal to the agent. It can't be compelled. So if she refuses to give you a power of attorney to act for her and she is still mentally competent, then there's unfortunately nothing you can do. (IA Code § 633B.201)

But, if she is mentally incompetent and her doctors would support that conclusion and testify, then you could pursue a formal legal guardianship in the local probate court with a local family law or elder law attorney to be appointed as her legal guardian, and then you would essentially be in charge of her entire life including finances and care. (IA Code § 633.552)

Iowa General (Financial) Power of Attorney

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My father unexpectedly passed away a year and a half ago. He was the sole caregiver of my mother. She has no experience in any household matters and I have been doing my best to take care of everything. In her mental state she won't let me take action on important issues and doesn't leave the house. I need help with some sort of power of attorney so I can look after her best interests. She has signed titles to neighbors and continually gets taken advantage of.

Lexi, Chatbot

Have you already taken any steps or actions regarding this issue?

It's been trying to be the nice guy and make her comfortable. However, I can't be around all the time in her small community.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your power of attorney.

Yes.

Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply, as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

Can you tell me what state you are in? Are you saying that you think that your mother is mentally incompetent and needs to have a legal guardian appointed? Or would she voluntarily sign a power of attorney for you to be able to manage her financial affairs for her?

Iowa. She is competent to sign checks when told but other issues of signing deeds into her name, titles into her name. She is not able.
She won't do anything voluntarily. Improvements need to be done to her house, she won't leave. She always says "I'll think about it."

She's had 2 cranial surgeries from aneurysm.

Barrister

So going through the guardianship is probably the best course of action? I want to do this the honest way but there are friends of my dad's that have had her sign over titles to vehicles, get shop equipment, and other items that she has no idea what she is signing over.

I'm talking trucks, plow trucks, machine equipment, boat. She just goes along with it.

Barrister

If her doctors would say she is incompetent, or very vulnerable financially based on her past actions, yes.

You have a mom. I'm sure you understand. I'm at my wits end watching this happen and not being able to legally step in. Obviously I could do the wrong thing and make problems for me, but I'm being level-headed.

Barrister

No, I get it completely. And if my parent was doing irrational things financially, then I would have to step in and take charge with a guardianship as well. If you tried to do so and the judge denied it and said that your mother was competent to make her own decisions, then you've done everything you can do at that point.

I hope I was able to help with any questions you had about the situation. It was my pleasure to work with you and help with your question. Have a great afternoon and be safe!

Barrister

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