My mother has been hospitalized with failure to thrive and extreme depression. She will be moving to a long term care facility as she needs 24 hour care. We are having trouble getting her to sign any documents or take care of any financial matters because it causes panic attacks. However, she has passed a basic mental competency test. The doctors even recognized that the competency test wouldn't take into account her extreme paranoia or depression which is causing her to have the inability to take care of herself. My question is, I have durable power of attorney, but it states in the document that it becomes effective upon the Principal's incapacity which is defined and documented according to my state's laws. (Iowa) Anyone know how I can get this to be active so I can take care of some of these financial situations with her moving into a care facility? At this point, she only has enough money in her account to pay for a month of care so I desperately need to be able to move some other things around.
Can you clarify if any forms or signatures initiate a full blown medical diagnosed panic attack or just emotions that she exagerates into or as a panic attack?
I feel that you need to be matter of fact with your mother. Tell her that in order for her assets and herself to be protectect you need her to sign documents that would enable you to act in her best interests. Otherwise, she will have a court appointed guardian or the nursing home acting as her representative. A panic attack may occur but what is the alternative? A non family member overseeing her wellbeing which is going to happen. Hopefully she will choose to designate her representiative rather than the alternative.
Good luck, it isn't an easy chore as POA so please be 100% sure your really want this responsibility.
It is impossible to act in behalf of someone uncooperative. You simply cannot do it. You may want to ask APS their opinion of what should be done in this case as well; they may have social worker intervene with you, your Mom and her doctor to get these things handled; if not, let them know you won't be responsible anymore or involved.
Again, this cannot be both ways. It needs to be either/or. And you know already what is in her best interest at this time. If she is unaccepting of that, then she should function in her own behalf. Let HER know this. Let her MD know this. Let APS know this. And let the ATTORNEY know this. Then it is out of your hands and their decision going forth.
I was POA and Trustee for my brother and it is an onerous job for ANYONE. He was cooperative and organized. It would not have been doable otherwise.