How do you invoke power of attorney when the aging parent is no longer making sound financial decisions?

Oct 17, 2011

Did the Power of Attorney your Mom signed take effect immediately, or does it take effect on your Mom's incapacity? The document will state one or the other. if it took place immediately, you can submit it to any banks or institution as proof you have the right to act for her. If it takes effect on her incapacity, you would need to have her declared legally incapacitated in order to act on her behalf. But this is a serious action that can have other consequences, so before you do it, you'll need to consider what other documents may be in play. Does your mother have a living trust? A living trust will specify a Successor Trustee that steps in if she is incapacitated. If it's not you, you'll want to coordinate with that person beforehand. Also, does she have a Medical power of attorney (Advance Health Care Directive)? Who is named to act for her for medical decisions? In any case, I recommend speaking to an estate planning attorney about this.

About the contention with your sister: It is very common that siblings have some sort of tension between them in these situations. When it's our parents well-being, we're dealing with, a lot of emotions come into play. Recognize that and come to a meeting of the minds with her (and any other siblings). Agree to share with each other whatever conversations each of you has had with your Mom. Second-hand information can be dangerously misleading. It will be best for your Mom if you two are united and there is a minimum of stressful contention.

If you are the person named in all the legal documents, and you have authority to act, then you can take the lead. I recommend discussing your decisions with your sister beforehand, and where possible, meet with her and your Mom regularly to discuss what's going on. Keeping things out in the open will be healthiest for everyone. A book to read and share is: "They're My Parents Too" by Francine Russo.

Helpful Answer (1)

jcline1313

Feb 12, 2012

my wife's father was poa of his parents. he passed away and in his parents will. it states that my wife take the agent roll of poa. her cousins know about the will but havent told her anything. they had the grandparents go to lawyer to sign papers. which they dont know what it was for, they go back in couple of days to finalize. the last up date in the will was august of 2009. what can she do.

fniguy

Feb 26, 2012

What kind of power of attorney do I need for my mother to sign for me to be able to sign and make all decisions.

deletemyaccount

Feb 26, 2012

You need a POA for both medical & financial. I have both & took the original to the bank to add my name to my dad's accounts. My sister has access to view my dad's accounts & criticizes the $$ I spend for him. My dad lives with us & my sister is jealous that I have POA. I only communicate with her about my dad & that is done thru email & text only, so I have written proof of what is said. I do keep her updated on his health & send her pictures daily. My dad did the same things you are talking about. He bought a mobile home, paid too much & ending up losing several thousand $$. Perhaps she should no longer live alone & was bored when she bought the cream. If she moves in with you & she can afford it, you deserve compensation. That doesn't mean you lover her any less. Good luck! Did the cream work? I could use some :)

dawnj63

May 10, 2012

How do I get a legal POA to begin with? Do I need a doctor's recommendation and a lawyer?