My mother is in a nursing home. I'm expecting an insurance check for her soon. Will I have problems cashing the check? She has a will, but we don't have enough to open probate. My dad just recently died and I had power of attorney from him to handle all of his affairs. Now mom can't sign and I need to invest some of the money. What are my options?
The power of attorney from your father is no longer valid. We assume that the insurance check you mention is from a policy on your late father's life, and it may be substantial. It will not have to go through probate, since it will be your mother's money.
Assuming your mother has not given you a power of attorney, if she is still legally capable of granting a power of attorney, you should ask her to issue one. You might also ask a local bank to help you set up an account for your mother and you (if one is not already open). In that way, you will be able to negotiate the check for her. If you cannot obtain a power of attorney because your mother is no longer capable of issuing one, you may have to obtain a court order making you your mother's guardian.
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The power of attorney from your father is no longer valid. We assume that the insurance check you mention is from a policy on your late father's life, and it may be substantial. It will not have to go through probate, since it will be your mother's money.