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chrissy56 Asked April 2018

Do medical and financial power of attorney become activated at the same time?

My mother has Parkinson’s and dementia. During a recent hospitalization Dr.’s filled out a form declaring her incompetent and medical decisions fell to POA (my sister). Is this entirely separate from activating the financial POA? It seems to me that if a person can’t make their own medical decisions they certainly can’t make financial ones. Is there a formal procedure for this, like filing somewhere? We are about to sell my mom's house and I am wondering how we handle that. Does she sign papers or POA?

JoAnn29 Apr 2018
This "springing" is new to me. My Moms POAs read when she became incompetent. No one ever asked me to prove her incompetence. I am in NJ. So I guess you need to read you POA.

I would say that the doctors letter would include her financial too.

Countrymouse Apr 2018
If they're both springing DPOAs then it would seem logical to assume that if one springs then so does the other...

If your mother created these with the help of a family lawyer, I'd give the lawyer a quick call and ask what to do.

If you can't do that, go online and look up something like "DPOA registration requirements in [your state]."

If you're not sure what sort of financial POA you have, read through the document itself carefully and see if it gives you any guidance.

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gladimhere Apr 2018
Does someone have financial POA? You will need that to sell the home. Is mom competent to sign it? Or now that doc's have declared her incompetent a court ordered conservatorship may be necessary.

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