Can the POA for health be the same as the POA for financial? When does the POA for financial go into effect?

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I am POA for health. And now my brother wants to go to my moms bank and tell them she can’t handle her money. But at her bank that she uses, I am on her accounts but the thing is even though she is bad with money it doesn’t mean you can take away her rights. She has always been bad with money she’s in physical rehabilitation therapy right now after having her big toe and part of her foot amputated. Since I am on her account I am paying her bills and finding a mess of things. She owes but I am getting her caught up. She was totally out of it until yesterday and she is ready to start doing her bills, but she is okay with me doing them for now. There is no way in hell she will let my brother take over, so if you can help me out with my questions about POA I would really appreciate it.

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They are two different documents. POA for Financial could be durable, which means it is in effect once the paper work is signed, but does not mean it is enacted or Springing, which means there has to be a significant event to trigger it. POA for Healthcare is the same.

I have durable POA for both Healthcare and Financial for my mother. She is perfectly competent and there is not need for me to be involved at this time. We have not given copies of the documents to her doctors, nor her financial companies.

So the question is, who did your mother designate as Financial POA, you or your brother? If she is competent, she can change the POA, or keep control of her finances. If she had designated your brother, but is still competent, she can have him removed and you put in place, if she feels she can trust you to handle her money, which it sounds like you have been doing.

In my family my brother who has POA (F/H) for our father, has taken over some of Dad's financial paperwork and obligations. Dad is still competent, he just does not want to be bothered with dealing with it. At 89 he deserves a break form paperwork.
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Reply to Tothill
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The bank doesn't care that she can't handle her money. They only care that the account is not overdrawn. They will follow the legal paperwork.

Financial POA is a different document from Medical POA. Mom can name the same person, but the document is different. If you are already a signer on the bank account, you don't immediately need a Financial POA, but it's always a good idea to have one for other financial transactions.
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Reply to jjariz
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Staffbull, how is Mom's Power of Attorney written out? Yes, one person can be both medical and financial POA and the POA has to be written that way. Usually a POA will have a second person named just in case the first person isn't able to do the work.

I can understand your brother wanting to step in to do his fair share of the caregiving by helping Mom out with her finances and start doing the bill paying if he is listed as the financial Power of Attorney.

But it sounds like Mom feels she isn't quite ready, when actually she is, she is in denial especially since you are paying the bills, it really should be the financial POA doing that chore.

I've read your profile. My gosh you have had a lot of caregiving to do for your family and your husband's family. Let your brother step in to help.
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Reply to freqflyer
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