How do you activate power of attorney assigned to you in a will?
I live in Ontario, Canada, and am getting the run around. Mom's dementia is causing significant cognitive impairment (confusion, anxiety and difficulty with emotional self-regulation). She saw the geriatric specialist a few weeks ago and they were concerned that I get Power of Attorney for Personal Care. Mom assigned POW to me in her will. For financial/estate, the date is effective from the time of the will (signed by two lawyers). However, for personal care, it has to be activated by a) an assessor coming to the home or b) signed by two witnesses. Is there another form that I need? There are a number of disqualifiers for witnesses (can't be this, that, the other). In either case, I can't see mom agreeing to have either an assessor or witnesses come to the home to sign over POW. When I call legal and community service agencies I just get the run around. I don't think they know themselves. Short of manipulating her, how can I get mom to agree to have two witnesses sign for POA for personal care or have an assessor come in?
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As for a Power of Attorney named in a Will, never heard of that, as a Power of Attorney ends with the death of the person.
Meet with an Elder Law Attorney to help you with whatever decisions need to be made for your mother.
Thanks!
Angel
It sounds like Canada has some legal provisions that allow action by a POA prior to death.
Maybe some of our other Canadian friends can answer this question, but it's not something that occurs here in the States so I'm at a loss how to address it.