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What Is the Difference Between Durable and Springing Power of Attorney?

91 Comments

My father is in the hospital and has had 10 heart attacks with the first 1 being a massive. He has been in the hospital now for 2 months. I am the only one taking care of him as I'm the 1 he lives with and the only 1 who is around to take care of him. But I don't have POA or guardianship nor custody what can I do to make medical decisions on his behalf?

My 91 yo mother lives with me in Texas. Several years ago when Mom lived independently in New Jersey, she gave me durable POA. Is the POA still valid in Texas?

Alabama has started making all POA's durable, just to avoid this very issue; however, it didn't start until 2012 and mil signed hers in 2006, so we're not sure what kind she signed but she has a dementia diagnosis, so not sure if that counts or not and if both financial and medical or just financial but seems as if POA is not wanting to get involved with the medical

What can I do when my fathers durable power of attorney is uncooperative for the most part with me... his son, concerning knowledge of his finances, concerning any financial help that he does want to give me?

HELP!! Our Mother has had several strokes and has continued to live in her home with our sister, who is also the power of attorney for our Mother. In August, our sister had brain surgery and she suffered some brain damage as a result. She has never done a good job with her finances, let alone our Mothers, however, now she is spending every dime on everything other than the house payment and the utilities. The house is in our Sister's name and when we mentioned one of us taking over, she ordered us off her property daring us to ever come back. DHR is now involved thanks to a Home Health Social Worker who reported the deplorable condition of the house (15 cats inside and 1 litter box that is never changed). Where do we start? How do we get our Mother out of there? She is not safe nor is she being taken care off. We thank you so much for any suggestions. Oh, almost forgot, we have never see the power of attorney, however, she must have something to have Social Security send Mothers check to both of them. We just need to be pointed in the right direction.

THANK YOU!
very helpful and appreciated
Marymmk

I have been helping my grandmother since 2012.But was diagnosed with early dementia around 2016.Which has progressed to resulting in me taking a 1yr. Leave from my job to take care of her. Because none of her kids was dedicating there time on what my grandmother needs were.I went out of town for a funeral for 2 days.And left my grandmother in the care of my brother. But not even 2hrs of me leaving.My Mom and Aunt came and got her and has falling been accusing me of neglect stating that I left her by herself for the 2nd time.And also using her money for my personal use. I have had D.P .O.A since June of this yr.That doesn't mean anything now that my mom has made A lot of false accusations which has resulted in my grandmother being hospitalized 2x's.And now Family services has taken my grandmother from my mom and placed her in a nursing facility which is hurting me to have to see my grandmother so depressed because she's not with me.My legal documents that I have
I just knew would keep my grandmother happy and safe with me.But have to wait to go to court to even see if I can get her back.It hurts me so bad that my mom is doing such awful, heartless, hurting things that is mentally and physically destroying myself and my grandmother deeply.I just don't understand my grandmother wants to be with me and can tell u if asked. But my mom is going thru the courts to get quardian over my grandmother but in the process my grandmother has been taking by the state.I need to know what rights do I have?

Teenybk see if you can find the contact details of the notary among your husband's records, or his attorney, and see if there are copies on file there. Sorry for the stress of this, it's hateful not being able to find important documents.

My husband completed a power of attorney and had it notarized several years ago giving me his poa if needed. He told me it was with his papers, but he's now had a stroke and is not able to communicate and I'm not yet able to find the poa in his papers. Since I may need it to make some financial decisions with regard to his health insurance and medical care, what should be done in this situation?

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You need to look at it the other way round: what are the rights of the person being cared for? It's the husband who has a right to see his brother and sister, it's he who needs support and assistance to be able to do that.

You say there has never been an issue in the past. But the DPOA wife - wife? - must have *some* reason for what she's doing. You really have no idea what it might be? Note: I don't mean justification, I don't mean she's right to do this; but there must be some motive behind it, whether or not it makes any sense.

Also, has long has this situation been going on? You describe the brother's current condition, but then say that the DPOA will not allow any visits, updates or contact at all - so how do you know what state he is in?

If this is a recent flare-up, if you and your brother have fallen out with your SIL over something, I hope it'll be quickly resolved so that you can all get back to normal.

If it's more serious than that, then you can take legal advice about ensuring that the DPOA does not isolate the person she's caring for or deny him communication with family members.

I hope you're able to make progress. Perhaps you'd like to start a new topic, and let us know how you're getting on?