Activating power of attorney

A POA and a Will are two different documents. A durable power of attorney goes into effect when it is signed and can be used until it is withdrawn or death occurs. At death the POA becomes invalid and a will names an executor or representative to handle the estate. You probably need to find out exactly what kind of paperwork you have. It sounds as though your mom and mine are a bit alike. I am her POA. We started out with the gathering the bills, sitting at the table, etc. Then she didn`t want to pay them so I just mailed the checks, Then she took all her money out of the bank so I WOULD NOT STEAL IT. Now her electric, phone, or water gets turned off ever so often, and on and on. Good Luck

Actually Sandy may not need a lawyer to handle things if she is obviously incompetent and the documents were already signed and witnessed/notarized. It is important though to gather up your documents, make a list of all the accounts, payables, etc. and start by putting it in writing to each company that you have poa and will be assuming management of the bills, etc. Talk to your bank manager and make certain to bring original copies with you. The bank manager can advise you what they will need to allow you to manage the CD's and her accounts. Don't be afraid to tell them you need them to work with you on what is needed to make the transition.

There are many pitfalls to managing accounts once your mom is incompetant; it sounds as if you have everything in place which should make your job easier. Remember that you will have to file POA with the IRS and your state tax board if you are going to take over the filings; even if you use a CPA.

you will need a lawyer to help you on this one . my father and my brother both went to lawyer and dad had told the lawyer he knows his health is not too good and make everything right and so forth . i am so glad he did that cuz soon afterthat his life sure has changed so much , DEMENTIA ,, so so sad ...

MY MOTHER HAS DEMENTIA...WHEN YOU TAKE HER TO THE BANK..SHE SAYS SHE WANTS ALL HER MONEY AND SHE WILL KEEP IT AT HOME...SHE DOES NOT KNOW WHO WE ARE SOME DAYS....I CAN NOT TAKE HER TO THE BANK....SHE HAS A WILL WHERE SHE NAMED ME HER POWER OF ATTY, HEALTH AND FINANCES AND EVERYTHING ELSE///THIS STARTS WHEN SHE IS NOT MENTALLY CAPABLE OF HANDILING HER AFFAIRS OR DIES..WE DO PAY HER BILLS ONLINE NOW..BUT, WE HAVE TO RENEW CD'S ETC. I JUST WANTED TO KNOW, HOW I ACTIVATE THE POWER OF ATTY WITH THE BANK AND TAKE OVER...THANKS FOR YOUR INTEREST. AND CONCERN..SANDY

That doesn't sound right. She gave you a signed power of attorney, but you won't tell her you are assuming the job of taking care of her finances? Whats the rest of the story here; no one can give you advice unless you tell us what the deal is. In the meantime why not pay her core bills online or set them up for automatic payment.

Is she competant, or does she have dementia/alz? What type of power of attorney is it? - there are many kinds - not all POA's are all inclusive; in addition there is such a thing as being named as Representative Payee for social security. I don't know how being in her will would have anything to do with it - I do know that banks are now mandated reporters and will need to see paperwork appointing you and / or your mom if you want to put your name on her accounts. Because of the dramatic increase in financial elderabuse, things are no longer as simple as they were 30 years ago.....so let us know and everyone can help with the right advice.

My advice is to be very clear and have good records if she does not want you touching her money.

just gather up all her bills and sit down at the table with her and tell her those bills needs to be paid , get the check book out . my brother is a poa and he went to the bank and had his name put on the check books and transfer all my fathers bills to his house , from there he takes care of his bills , theres no fuss and fuss ....
i am caretaker i send fathers dr bills to my brother and let him pay dad s bills . works like a charms . wink