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qwertyuiop Asked May 2012

Can my mother change her POA after a stroke?

She is 77 and her husband is 89. He is totally clueless about medical issues, and left her to die (palliative care). But a couple of us fought to have HER wishes recognized, and she is alive now and in a rehab center. I don't know if she has thought about changing POA or not, but if she wants to, I want to know how to go about it. Her speech is not very good at present.

qwertyuiop May 2012
Oh, ok. That makes sense -- that a POA can be designated for anything. Thanks!

chimonger May 2012
A POA can only pertain to financial issues, or can pertain only to medical issues, or can pertain to whaatever else needs taken care of--or it can combine everything into one document.
I am not sure about "Durable"...That might require a Lawyer to make sure it is worded exactly right, as well as being notarized for the signature.
Hospitals often shove [along with tons of other papers!] a medical POA form fo a patient to sign, upon admission to hospital.
The patient can sign it, but it is not good unless notarized, since it is a typed document, not all in the patient's handwriting.

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qwertyuiop May 2012
Oh -- so just a POA can be financial? What is the "durable POA," then?

Give A Hug -- I don't have the current one, so will need to find something else.

Thanks, everyone, for all your help!

chimonger May 2012
Oh--forgot to mention:
Handwritten POA, in person’s own handwriting, usually does NOT need a Notary seal.
Oddly, a Notary seal on a person’s handwritten and signed POA will usually invalidate it.
If you write it in your handwriting, or type it up for them to sign, then, it DOES need a Notary seal.
For these, also, you might need a supporting letter from the Doc, stating the person has medical condition that needs others to write it for them, but that they are competent to make a POA--to help show you are not coercing them into it.
Any of them has to have name, date, and wording specific to what needs to be documented: POA probably needs to have an expiration date, as well as a start date, and what it is for [like health/medical care, financial care, etc.]

qwertyuiop May 2012
Doctor had to declare her competent in order to remove her from palliative care. Ahh, I never thought of a Notary Public. We would need one of those as witness...

caringone May 2012
You can take the present POA, rewrite it yourself ,changing the names . Your bank will have a notary to witness her "X". Can she travel? If not, perhaps the rehab center has a notary or they can help you find one who will come to her.

chimonger May 2012
Person's mind must be there.
It's a Doctor that can determine if a person is demented /incompetent, NOT a lawyer...the lawyer only makes sure the document is worded properly, and witnesses signature.
A Notary Public only witnesses a signature, after verifying ID, they are not supposed to read the document being signed, jsut that the right person signed it.
A stroke does not automatically ruin competency. LOTS of stroke patients are out in the world having active lives.
So yes--if Mom wants to re-do her POA [and she really should!], it can be done--and as soon as possible!
Elders, particularly women, need to understand that being "loyal" to her spouse has nothing to do with who she chooses as her POA!

qwertyuiop May 2012
Thanks for the answers. Mother's mind is all there; it's just her speech that makes this very difficult. Also, her right side has been affected, so she would not be able to sign her name. Are there papers or something, that would need to be filled out? And where would I get those?

anonymous40843 May 2012
As long as her mind is somewhat clear like she knows who you are definitely yes! She can have dementia and still change her POA if she is just limited in not being able to do finances or meds. A lawyer will determine if she is capable of signing the document. Check it out as you will be helping her if you change it and she needs your help. Good Luck!

caringone May 2012
Talk with social services at the rehab center. Even if her speech is poor, if her mind is sharp and she can let her wishes be know, the POA can be changed. It has to be determined that she does not have dementia and is capable of making rational informed decisions.

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