My mother did not designate a backup Durable or Medical Power Of Attorney. My wife is concerned about my mother’s care if an unfortunate event took place in my life.

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in case some unfornate event took place in my life.


Today, I learned the answer to this question from a lawyer. Since my mother has been determined to be incompetent, she cannot designate anyone to be her POA in the case of my death. This would mean that the authority of the POA would then go to her husband. Sad to say, but he is not competent either which I guess would mean that his son who is my step-dad's POA would then have control. This is the worst possible outcome because I already have known for over a year now of his interest in getting his hands on my mother's money part of which is jointly ours and the other I only have the right of survivorship which obviously would go away upon my death, if I preceeded my mother. The only thing that is absolutely protected for my children in such a case is the inherited land from her mother which is stated in both the will and a legal agreement that my mother and step-father made years ago.
Very scary. Thanks for sharing. Everyone should use your situation as a wake up call for their own POA as well as the one designated by their parents. As I've said before, and what I learned when my son's and my POA were revoked by my lovely mother, there is a whole lot more to this POA stuff than many people realize. Merely having a POA doesn't always cover it all, and it was very wise of your wife to raise the question. I really recommend having a lawyer assist with all the different kinds of POA, do your homework and ask questions. (Believe me, I am no fan of lawyers.) All it takes is a sibling who wants to stir up trouble, not keeping good accounting records or confusion on what you can or cannot do and you've got an "uh oh" moment that can cost you.
Sorry about your news, it's disappointing, scary and I'm sure left you and your wife feeling kinda apprehensive. Good luck.
Yes it is scarry and creates much apprehension. One of the best things to solve all of this would either my mother go ahead and die because the remaining taxes will get resolved with her alive with me as her POA or with her dead with me as the executor of her estate. The other solution would be for my step-dad to drop dead from all of his drinking a mixing it with anti-dpressents.
Crowe that sounds like an emphasis on the latter!
Crowe is it too late for her to have a backup now?
yep, she's already been determined as incompetent
I'm sorry to hear that Crowe
Thanks, I've contacted a lawyer to see if there is any type of back up plan that I can create in case of me getting killed in a car accident, etc. My therapist told me today that most people at my age with a parent her age and in her health do not make such a back up plan.
I have heard from the lawyer. He told me that if something were to happen to me that made it impossible for me to function as my mother's POA then someone would have to file for guardianship to tend to her business. That makes me feel better that it will not go automatically to my step-father and he is not healthy enough nor competent enough to function as a POA. My wife is not up to that either. However, one of our boys could and one in particular has a good head for business and taking care of finances.

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