Follow
Share
This question has been closed for answers. Ask a New Question.
With respect to some of the comments made...

A power of attorney may be one of two types: A Durable Power of Attorney or a Springing Durable Power of Attorney.

A Durable Power of Attorney is effective upon proper execution. A Springing Durable Power of Attorney "springs" into play upon a specified event; usually the disability or incompetency of the Principal.

It is in the later case where documentation as to competency may be required from a physician (or two depending upon the document).

The power of attorney and the health care surrogate (aka "health care proxy" or "durable power of attorney for health care") are the two most crucial documents to have when managing an elder's affairs. They should be updated every few years as long as the Principal has competency.

Once an elder no longer has competency they cannot execute any legal document whatsoever. It is too late to create POA's, wills, trusts, etc., at this point.

It is rare for properly executed documents in proper for to not be recognized by financial and other institutions. It is a good idea to have prepared along with the Power of Attorney a revocation document of prior POA's. Some institutions will require the attorney-in-fact (the one acting on behalf of the elder) under the authority of the POA) to complete an affidavit attesting to their status as a lawful POA.

Especially important are the provisions contained within the POA. Documents found on-line or provided by a bank, for instance, may not provide the attorney-in-fact the proper specificity or, for that matter, latitude, to handle all financial and contractual affairs including the ability to create/terminate trusts or other actions that may be required to apply for Medicaid and other public benefits.

I had a client recently who downloaded forms from a well known document site. Not a bad document, but when he printed it out there was no provision for a notary and he was, therefore, unaware that notarization was required. He tried using the document and of course found out it was inadequate. The delay cost him a month of Medicaid benefits.
Helpful Answer (0)
Report

No - if she's diagnosed with alzhiemers now, her signature on legal documents may not be considered legal and binding. The documents you have from 2002 should be fine. I've been doing business on behalf of my mom for 5 years with a PoA signed in 1985. It's a durable power of attorney so means I could do almost anything on her behalf. If you have specific questions it's best to see an elder care attorney or contact your local area agency on aging. The latter is free. As for the attorney, what's $150 for an hour's time if it gives you peace of mind and you know everything is legal?
Helpful Answer (1)
Report

LynnPO is correct. I would like to know, however, where you can find an attorney for $150.00 per hour. But, in this case, an attorney is not needed.
Helpful Answer (1)
Report

Unless the poa was given a date to expire, you are still her poa and can do everything you could before, I am my mother poa with no expiration date, I am also her medical poa and she has a living will and don which is do not recesitiate, hope this is helpful
Helpful Answer (1)
Report

Please be very, very careful with respect to assumptions about your POA. NOTE: The POA wholly expires when a person dies. More relevant now though, some banks, insurance agencies, et al wouldn't accept a POA even when my Mom was still alive because of the date the POA was signed. As far as I'm concerned, when push comes to shove and you really need it, in some cases the POA is not worth the paper it is written on.

(Even though I took the POA and created a Living Trust identical to her Will, I discovered some banks that while accepting the LT, would not give weight to the POA because of its age.)

After Mom died and I faced the legal particulars, I discovered that when dealing with any aspect of my state government and surely with respect to the Federal Government, even the LT was of no value... except to open a can of worms and generate even more paperwork.

Though not in the slightest one to offer firm legal advise, my counsel toward you is to begin to work your way through the court system NOW in order to obtain a... Guardianship. Quite likely, that will save you immense worry as time goes along.

Good luck.

V
Helpful Answer (1)
Report

Hi Denise---I sure can relate to your story...In my case I brought Mon to a neuroligist where she was diagnosed with AD--and in about a week or two later I had her in assisted living, as she was living alone. It was frustrating at the beginning with the repeating of stories and so on. I think it will be very helpful to get in touch with your locak chapter of the Alzheimer's Association--they offer a welath of material to read--as well as support. They have a helpline number (800)-272-3900. The more you read and hear of peoples experiences with dementia or Alzheimer's---the more prepared you will be-as it is a series of ever changing behaviors. As for the POA the Alz Assoc will even be able to help you with that, or point you in the right direction.
My best to you and your family on the caregiving journey, and if possible get back to us in this forum.
Best,
Hap
Helpful Answer (1)
Report

I would see an elderly attorney before acting as her POA. I acted on my mothers behalf -her POA was signed 10 years ago (durable) with her permission. Doctors, hospitals, real estate - anything she asked for or wanted- now she is angry with me (she is 84) and is consulting and elderly care attorney to resend her POA and trying to prosecute me for any decisons she gave me the power to do. And she adds that there isn't anything I can do about it if she has 2 doctors to declare that she is mentally stable. I don't know - just that it has caused me more heartache and grief that anyone could imagine. well I bet some on this site have experienced that same thing. I did not know what I was doing when I accepted and acted as POA- I thought I was doing it to help my father -and take the best care I could of my mother- I understand books now related to Mommy Dearest.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.