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My mom has a durable POA with a springing clause...that means we have to have 2 doctor signatures stating that mom is incapable of taking care of herself. We have 3 letters. Only one is notarized. I can’t tell if they have to be notarized or not. Lawyer not much help. We have no letter stating that we have POA now. I guess I need to scan in the whole POA (which is about 40 pages) and the 2 letters and email it to whomever it is I’m dealing with. Has anyone ever dealt with this type of POA? Does it work?

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Strange that the lawyer who drew it up is not willing to help.

When step Dad went into the hospital, Mum went to the lawyer who drew up the POAs, Representative Agreements etc, he created another document, which I did not see that "Sprang" the POA and RA.

Luckily Mum did not need to get two doctors to sign off, there was no doubt that he was not going to live very long.

Mum used that document with the banks, CRA (Canada Revenue Agency) etc.
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U2LUVR Feb 2019
Our lawyer isn’t the same lawyer who drew this up. Mom had this done about 15 years ago. It’s so frustrating not being able to find someone who can give you a clear answer. Not many people have heard of the Durable POA with the springing clause. IT’s rare.
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People have mentioned them on the forum often, in fact I was under the impression it is the most common type in the USA. Different states do have different requirements about how to "spring" them, you need a lawyer who is familiar with elder law. (AgingCare does provide links at the bottom of the page)
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U2LUVR Feb 2019
We may need to end up doing that. I don’t think the regular lawyer had seen one before.
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Ours was sprung by the two doctors who were diagnosticians who both said she has dementia of an ALZ nature based on multiple tests. 10 days in hospital. 21 in rehab with all kinds of therapists. Rehab Discharge planner who said she desperately needed help with finances. Which of course, we were finding out too. To this day our mom thinks we snuck off and got it. It was drafted in 1998. It sprung on the conditions noted. We still had to get a guardianship. Even with POA springing terms.

She is in memory care now. The guardianship allowed us to do.
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