Hi all! My husband and I are the caregivers for his elderly aunt (who never married and had no children). Unfortunately, we're now at the point where she requires more care than we're able to provide by stopping in a few times a week and managing her care--it's time for assisted living. I don't think it's going to be a problem convincing her to go, it just takes time and careful planning. But in order to facilitate that, we really need my husband to become her POA (in order to meet with financial planners on her behalf, deposit all the random checks she's had sitting around for months, generally handle her finances). She WANTS my husband to be her POA, and she had wanted to make some changes to her will at the same time (I believe her initial will was written before all her nieces and nephews came into play). The will is off-topic a bit, but I bring it up because when my husband took her to her initial appointment with the attorney, she told them she wanted to make my husband her sole beneficiary. That's fine--honestly, there is unlikely to be any money left after her care needs. Unfortunately, because of one thing or another, my husband didn't get her back to the attorney to sign the paperwork promptly enough, and now he (the attorney) is saying he no longer believes she's capable of signing and is recommending we go through the long road of obtaining guardianship.
She recognizes my husband, knows who he is and how they are related. She expresses a desire for him to be her POA. She knows who she is, where she lives, who other family members are (although she doesn't see them, because frankly they can't seem to be bothered to drive the 45 minutes to visit). The attorney's concerns were based on him expecting her to call to confirm their appointment, which she apparently did several times at my husband's request, each time saying "I don't know why I'm calling you..."
So, essentially, she has some problems with short-term memory (which is why it's so important to us that she be in assisted living where she will be safe). Based on the research I've done, I'm sort of unclear on why the attorney wouldn't complete the POA for us. Can anyone who's been in this type of situation clarify exactly what is required of elderly people in order to designate someone to act as their POA? Thanks so much!