12 Jun My aunt is incapacitated but there is no power of attorney. What’s next?

Q. My mom’s sister — my aunt — is currently in ICU and is of age. The title of a car is under my aunt’s name but my mom is the one that drives the vehicle and technically owns the vehicle because of the loan. We cannot get a power of attorney because my aunt is not able to do anything. How do I go about this?
— Trying to help

A. We’re sorry to hear about your mom’s sister.

You will have a bit of a challenge ahead of you.

A power of attorney is a legal document that appoints an individual to make financial decisions on your behalf in the event that you are unable or unwilling, said Ryan Byrnes, an attorney in the tax, trusts and estate planning group at Wells, Jaworski & Liebman in Paramus.

He said in order to validly execute a power of attorney, the principal — the person signing the power of attorney — must have the level of capacity required to make a valid contract.

“Unfortunately, if your aunt does not have the requisite mental capacity to sign a power of attorney then your mom can pursue guardianship of the person and property of her sister,” Byrnes said. “The guardianship proceeding, if successful, would provide your mother with the necessary authority over your aunt’s finances, which would ultimately allow your mom to transfer ownership of the car, sell the car or otherwise transact business on her sister’s behalf.”

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This story was originally published in June 2024.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.