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


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?

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?

If someone appoints a durable power of attorney, and that person is making decisions beyond that POA (determining that their husband cannot have contact with his brother and sister)...he is motorically limited as well as unable to speak...but can understand what is being said. The POA will not allow visitations, updates or any contact whatsoever. There has never been a family issue in the past....not sure of what rights the siblings have??

If someone has a durable power of attorney when can they legally start making decisions for that person? If said person is competent and the person with the POA starts handling the finances without his consent and signing checks etc. What can be done to that person legally?

My father is capable of understanding where he is and what he wants to change on his legal papers. My sister is in charge of everything. Can this be changed by my father

My sister had control of everything and has put him in a memory care unit without me knowing. He wants to change who's in control, can he do that

My sister has control of everything POA conservator guardianship. My father doesn't want her to be any of these. Can he appt someone else?

My mother has been givin 2weeks to live due to tumur in her brain... she loseing memory day by day... my aunt tryin to get power of attorney over her... is that possible... she has no will... im wondering who will have more say of her being and decision over her while she still alive..?????

Archer, do you mean does marrying automatically void any existing DPOA a person might have set up? The honest answer is I don't know, but I can't see why it would.

If your DPOA is already in operation because your loved one, the person who gave it to you, is no longer of sound mind, then that loved one could not either consent to marriage - so it's hard to see how this could have arisen. On the other hand, if the DPOA exists but is not yet in use, the person who created it is free to cancel it at any time.

Would you like to start a new thread - go to Ask A Question on the tool bar - and say a little more about what the problem is?


Does a marriage supersede a durable power of attorney