Mom was of sound mind and body when she had a will made up where all four kids " shared and shared alike" three years ago she had a stroke and dimentia slowly snuck up on her, and brother went to a different lawyer and had a will drawn up where he would b "executor" upon moms passing which happened 5 months ago, my question since the second will was made up after mom had dimentia, could the second will b contested since mom was not of sound mind?
From what I understand, is there is a POA that is just for a specific area. With me it was when my Mom took my daughter to England and I gave her POA in case my daughter needed hospitalization. Durable POA comes in when the person no longer can make decisions for themselves. You do need a separate medical one.
The word "durable" in this context means that the POA will be effective even if the principal (i.e., the person who signed the POA) becomes mentally incapacitated. Note that there are two types of such POA: one that is effective immediately, and one that is "springing," i.e., only becomes effective upon the incapacity of the principal.
I started with a POA and changed to a DPOA because the DPOA incorporates the ability for the person/or persons to make healthcare decisions. I am a single senior. The DPOA incorporates both a regular power with the healthcare directive. Make sure your PCP and any hospital you go to has a copy of it. You can always make changes depending on your situation. Hope this helps.
We paid for an attorney to draw up POA paperwork that was very specific. Many, many businesses refused to accept the POA paperwork. They have internal paperwork that must be filled out. The biggest issues were with banks and medical insurance providers. Our POA paperwork gave us more rights with our aunt's well-being than the internal paperwork, so be very careful when filling out the internal paperwork. At one point, we had to have the attorney write a letter to BCBS in order to get explanation of benefits sent to us........
When my MIL's dimintia began getting worse, I contacted our local Council on Aging. They provided me with the name of an elder attorney. They set up an appointment with the attorney and the attorney put together the documents that were needed to make sure I could take care of and protect my MIL'S accounts. Get an attorney !!!!
DPOA effective immediately no bearing on incapacity. Can large scope of power, be careful who you assign to it. health care directive or living will can be obtained at Dr. office.
A power of attorney (POA) only applies as an agent on your behalf but is limited in accordance to its wording and ends when you become incapacitated; durable POA is exactly that--it is still a POA but is durable when you become incapacitated. *ALWAYS* do a POA with an attorney to make sure it is done correctly.
DPOA is NOT the same as POA. Plus, POA document requirements vary from state to state. Please see an attorney to get the right POA for your situation and your state. POA does not give you medical authority, for that you need a Health Care Proxy.
Get an attorney !!!!