Labsrgr8, it all depends on what that father wanted in the way of legal papers. Most people are familiar with the fact that a Will is a good thing to have, but some have zero clues about the purpose of a Power of Attorney, and even less are familiar with a Medical Directive or a Living Will.
Some elders grown children thinking they are saving Mom and Dad a lot of money by printing off a blank Will from the Internet. Such legal documents are not a do-it-yourself project. Thus, a Power of Attorney may not have been even thought about.
My parents had used their real estate attorney to drawn up a Will and POA decades ago. Glad I read the Will, it would have been a landmine if used. My parents had no idea that Elder Law Attorneys even existed. They were so glad to get their Will and POA updated plus added in a Medical Directive plus a Revocable Trust.
As JoAnn had mentioned, the son may need to dig through all of Dad's files, his desk, a safety deposit box at the bank, as a lot of elders like to hide such paperwork in what they think are safe places. My Dad kept a locked box in his closet behind the shoe rack. Then the hunt began to find the key to the lock :P
When my mom became a resident at the Skilled Nursing Facility, they asked for copies of everything. Administrations and administrators change at these places regularly. Some records could have been misplaced or misfiled. Is the AL sure that they don’t have the POA listed someplace? It may be easier for them to ask Dad who it is, but if he’s impaired, he could name anyone.
The will should have a Executor that Dad assigned. This can't be used until Dads death. POA is drawn up by a lawyer where Dad assigns a POA. In NJ the POA doesn't have to be registered but is on file at the Lawyers office. It has to be witnessed. I was with Mom but my signature was not needed. See who is listed on the will as the lawyer. Call and ask if a POAs made up by him. If not, the other option is searching thru the mans home. The home will need a Financial and Medical. If none is found and Dad not of right mind nothing the son can do but get guardianship.
Are you certain there is a poa? Where I live POA are registered and originals kept at the lawyers office. If you know there is a will, check with the lawyer who drew it up to see if they have a POA too.
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Some elders grown children thinking they are saving Mom and Dad a lot of money by printing off a blank Will from the Internet. Such legal documents are not a do-it-yourself project. Thus, a Power of Attorney may not have been even thought about.
My parents had used their real estate attorney to drawn up a Will and POA decades ago. Glad I read the Will, it would have been a landmine if used. My parents had no idea that Elder Law Attorneys even existed. They were so glad to get their Will and POA updated plus added in a Medical Directive plus a Revocable Trust.
As JoAnn had mentioned, the son may need to dig through all of Dad's files, his desk, a safety deposit box at the bank, as a lot of elders like to hide such paperwork in what they think are safe places. My Dad kept a locked box in his closet behind the shoe rack. Then the hunt began to find the key to the lock :P
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