How do I invoke power of attorney?

Follow
Share

My mom is 83. She has a Durable Power of Attorney and a Health Care Power Of Attorney where I have been named power of attorney for her since my dad has passed away. This was drawn up in 2003. She is living with me now since my dad passed away in May 2012. She is forgetful about her medicine. She can take it and 15 min later she asks me if she has taken it. She becomes very agitated and unreasonable about simple things. She acts like a 3 year old and wants my undivided attention. Therefore, my husband gets bad comments from her if I show him attention before her. I can't get her to bath. She says she washes herself and washes her hair in the sink. How do I invoke this power of attorney? I'm not sure what circumstances are needed before I invoke the power of attorney

This question has been closed for answers. Ask a New Question.
Find Care & Housing
23

Answers

Show:
1 2 3
Yes, elder law attorneys are most important. Both my mother and mother in law have had all paper work and consultations handled by professionals.
Helpful Answer (0)
Report

To all: Find an "Elder Law Conference in (your city)" as soon as possible.
Helpful Answer (0)
Report

Should add my name is on my moms checking account as POS (payable on death). My understanding is that when POA is effective we can handle financial affairs, but the POD allows us to handle things after death - in conjunction with an executor of the estate (me - again.). Please feel free to correct me and provide additional info.
Helpful Answer (0)
Report

Mother has a durable power of attorney which took effect immediately at signing. I have not had to officially use those "powers" as she has been able to in person or on the phone give permission to speak and provide information directly to me. My name is on the records for medical and her Visa card. My MIL has a springing type DPOA for after the most recent she agreed to let my husband take over as POA. Her estate attorney said to draft a letter for her to sign stating that he will now serve as her POA for accounts including the family trust and mail them to related accounts, etc. He said they do not need to be notarized, but it probably more helpful than not. We will type up a letter today, make multiple copies (so we have originals) then obtain motorized signatures for them.
Helpful Answer (0)
Report

I have a General DPOA but it is "springing" type stating "attending physician needs to certify incapable of managing affairs, etc." Mom, 90, diagnosed with dementia and recent 10 stay at behavioral health center. Physician reports states diagnosis as dementia, confusion, hallucinations, etc. Primary care doctor also had dementia on his June/July physical check up reports -- Is this enough? Do I still need a doctor to provide a written certification? Mom is out of it and right now living in her home with in-home care (CNAs) 24/7. I've taken over finances under DPOA but wondering if it would hold under the law without a written piece of paper signed by a doctor? Any other's experience? For some of you, it appears you've just used your DPOA as needed to handle affairs.
Helpful Answer (0)
Report

To N1K2R3:

From the way you've described your situation it appears that your parents might both be eligible for Medicaid. You may want to look into that.
Helpful Answer (0)
Report

I have a General Durable Power of Attorney signed by my mom which allows me to act for her in a fairly broad number of instances. It was drawn up by an attorney and notarized. As far as I can tell there is not difference between the original and the copies. As far as I know, at least in New Jersey, there is no need to "invoke" the DPOA. Once it's been witnessed, signed and notarized just present it to the party you are dealing with. I've done this with hospitals and re-hab facilities for my mom and there have been no problems. Note that a general DPOA is different from a Health Care Proxy which relates solely to medical treatment decisions.
Helpful Answer (1)
Report

Power of Attorney is not " invoked".. It is given by a donor, who of sound mind, gives this power to someone who acts as their Attorney-in-Fact on their behalf.. It ceases with the death of the donor. It may be Financial or it may be Medical or both. It is an important document and can be reversed ( by the donor) and is sometimes not recognized by certain institutions ( the Social Security Administration, for example).
Helpful Answer (0)
Report

i would like to hear more about what happens when someone goes through all their savings, but still has SS monthly income but then must go on Medicaid.....i have heard terrible stories about after someone passes and the 'state' expects a pay back. a friend of mine who was not a fmaily member, but did have medical POA for an elderly woman received a 59,000.00 bill from medicaid after her friend passed.
Helpful Answer (0)
Report

My MIL is in hospital and suddenly with no warning unable to care for herself in any way. My husband and I have power of attorney and we carry it with us when we go to hospital in case we need to make decision. We were surprised that no one ever wants to see it. Today will be the first day that I pay her personal bills using her account and POA, again, no one wants to see it but we carry it with us when we are performing an act permitted in it. One of her ICU nurses said that we should make many copies, keep in car glove boxes, and at home, and LOCK UP the original one somewhere safe. Good luck to you and you can always call an elder care attorney to make sure you are satisfying requirements for the state you live in. Even "law clinics" can answer these questions free.
Helpful Answer (0)
Report

1 2 3
This question has been closed for answers. Ask a New Question.
Related
Questions