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My brother and I share medical power of attorney for our mother which has been activated by two physicians signing off on this. Does there need to be any action taken by us to activate durable financial power of attorney (which we are also named jointly on. We do many financial functions now but are seeing a large number of scams showing up on credit cards and need to find out if we would be able deal with these directly. Do we need legal advice?

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Yes, you can deal with those scams on the credit cards directly. Contact the credit card people immediately, explain that ya'll are joint POA and have noticed these scams. A large number of scams on a credit card is a red flag of identity theft. The card needs to be closed and those scams identified so that she can be reimbursed. How long has this been going on?
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Leahan, read the powers of attorney to see if they're durable. If there are activation clauses, such as declaration of mental incapacity, there are usually statements indicating that x number of physicians must attest to this condition.

If there's no such clause and there are statements that the proxy powers are in effect immediately, then, no, you don't need legal advice nor is there any activation trigger. A well drafted POA will include statements to this effect, i.e., as to whether there are actions that need to be taken for the proxies to act.
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I can only speak from personal experience, but yes, our family has separate powers of attorney for medical and legal. Yes, you need to check with a lawyer.
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