I have POA for my mother who is now showing signs of dementia. How do I get the lawyer to grant me the POA?

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Kari7777 Asked September 2011

I have POA for my mother who is now showing signs of dementia. How do I get the lawyer to grant me the POA?

Her lawyer has the original POA document that I need for the bank, financial planner, etc in order to manage her bills, get her an aide to come in. The lawyer will not release the POA to me unless my mother calls and requests it, or unless I take her to her doctor and he writes a letter she is incapacited. She is unwilling to do either because she says she is fine, she doesn't need help even though she is using up all her investments and starting to hoard again after I had wildlife removed from her home. Can the lawyer refuse to give me the POA and if I can't get my paranoid mother to ok the release what can I do?

Power of Attorney (POA)

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score 0 · Answer 1

It seems as though you have to get her to a doctor on some premise - a checkup for blood pressure or something general. I'd suggest writing the doctor ahead of time, and informing him or her of the problem. The doctor may be able to diagnose the dementia so you can get the POA released. At least there IS a POA, so you have a chance of turning things around. It's possible you may need to seek advice from an elder law attorney, if a doctor can't help.
Good luck with this,
Carol

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score 1 · Answer 2

It could be that the POA document is "springing".

I'm not sure on the particulars on "Springing POA's" but apparently in some states
attorney's & banks require a current letter of incapacity in order to grant you the powers to act under the POA that was done in the past. In other words the POA "springs" into life only when the incapacity happens, therefore the need for the doctor's letter.

If they did a Durable POA (DPOA) with 2 notarized signatures that is totally 100% useable with no issues, but the simple POA won't cut it anymore. I know of this happening especially at banks that are multi-state. Perhaps this is what's what.

The whole "springing POA" has been an issue maybe the past couple of years.

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score 0 · Answer 3

I do not think the lawyer is correct and should not have been the one with the original. Do you have a copy? Was the original notarized? A copy of the notarized original is probably legit. I wish people would file there durable POAs with the register of deeds so that there is a permanent copy of it that one can access online. Do you have medical POA for your mother. I hope so for that will make many medical things including talking with her doctor much easier. If you do have it, then her doctor needs to know that you have medical POA for your mother. I wish you the best.

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