Follow
Share

I need any and all info pertaining to having your mother while she is in sound mind" Myself" son as her POA.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Forms from a stationer are better than nothing, but always omit useful powers such as the power to transfer assets for Medicaid planning! Thus, be aware that the basic forms you can buy cheaply are just that: basic. Again, better than nothing, but depending on what happens down the road, you may be sorry you didn't pay an attorney $150 for a better form.
Helpful Answer (0)
Report

The BEST way is to go to an elder law attorney and get financial, medial powers of attorney and a HIPPA release. It should only cost a couple hundred dollars, but is worth having everything done correctly at once. Then make copies and keep them in your car so you'll always have them.
Helpful Answer (4)
Report

By virtue of age and financial circumstances, we were able to qualify for help from the local legal aid agency. I think having an actual attorney help with POA, wills, etc., we are on safer ground than a DIY project.

In your area, the agency you might want to look into is South Coastal Counties Legal Services. Good luck.
Helpful Answer (2)
Report

I cringe when folks bring in the self made POA's... and omit wording for assets, durable, etc. ( sometimes it is too late!) If you live in GA The State does have a good ADV Health Care Directive free, but I refer my clients to a very REASONABLE Elder Attorney for the legal, needs if required when working With them on VA and Medicaid Planning. You don't know what you don't know until you find out what you didn't know then, now.
Helpful Answer (2)
Report

As an Estate Planning Advisor, we review a lot of POA's. Since 80-90% of the attorney created docs are poorly worded...I would never think about an off the shelf document...unless there are NO assets....then maybe. POA's can be state specific...although some states will accept another's POA. We prefer separate Financial POA and Medical w/ HIPAA release wording. Even if the attorney states they are an elderlaw attorney, see if they belong to the National Academy of Elder Law Attorneys or if they are a Certified Elder Law Attorney. These attorneys usually spend more time keeping up with constant changes. FYI, don't cut corners with garbage off the shelf document...the agent may end up with their hands tied...especially if there are assets. You may need to do asset protection moves with the assets....but can't with poorly worded doc's. And if the parent becomes demented...the
oportunity to get new corrected docs is gone...stuck with what you have. Good Luck!
Helpful Answer (2)
Report

I used a form from Rocket lawyer. (Tx) it has worked for bank, credit union, investments and insurance. Must be notarized. Read carefully. The first one she signed required a doctor to certify she was incompetent. When she began to have dimentia problems I found the one on the Internet that was immediate and did not require her to be incompetent and she signed it replacing the first one. I did not have to start using it for a year and I am glad I did it because she can absolutely not handle her finances. I did ask for a letter from her doctor stating that she was not capable of making financial decisions and got the letter for my file. You may need it. ..Also I keep very detailed spreadsheets of her income, expenses and investments, prepare a regular finance statement and send to my siblings so they do not have to wonder about the money. It is for her care...not my use. Good luck.
Helpful Answer (2)
Report

On last comment....80-90% of doc reviews we do have old language from old forms, don't have proper, up to date language on trust creation and gifting...(in Pa). No ability to do any asset protection to preserve assets for spouse or future options. Mainly for those with assets.
Helpful Answer (1)
Report

I agree with those who recommend using an attorney...especially one who is an elder/or estate attorney. This is money well spent.
Helpful Answer (1)
Report

I got forms on line at LEGALZOOM. Marked the items they needed to initial
(so the didn't have to initial things that didn't apply to them, took it to our bank to have them sign and get notorized. Thank God I did it when they knew what they were signing. ( no guilt for me). Less than a year later I would have been helpless to take care of their business transactions. Both were getting unaware of what was going on, and my step dad took his life soon after. I say to anyone who knows it will be their job, DO NOT DELAY! (you won't regret having it in place.). My best to you and yours. Caregiving is not for sissies, really!
Helpful Answer (1)
Report

I recommend one that is drawn up by an attorney. For GOSH SAKES do not allow them to draw up a springing type for an elder nor one requiring doctor to declare incompetency....when the chips are down; many physicians or even psychiatrists are reluctant to do so for fear of legal backlash. This happened to me.

Secondly, although banks, etc may recognize the POA, some healthcare and AL/memory care facilities will have their own lawyers review and may not accept one that is "less than legal" or has odd wording that could be legally challenged and therefore may reject your senior as a resident candidate or cannot keep the resident if they subsequently protest and want to leave. Then you have an expensive court battle to straighten it out and get them to stay.
Helpful Answer (1)
Report

See All Answers
This question has been closed for answers. Ask a New Question.