I contacted an attorney about obtaining a durable power of attorney for my elderly parents (father has dementia and mother is of sound mind but has medical issues). The attorney sent over a questionnaire for me to fill out before the meeting. The form asked questions about their assets (income, CDs, bank books, pensions, etc.). Is this part of getting a power of attorney because it seems more like estate planning? My mother received a power of attorney for my father when they sold their house. What was involved was only signing a form. I am already handling all the medical and financial decisions for them, but some institutions will not give out information unless I have power of attorney. What is the process for getting a power of attorney?

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demstress, may I ask what type of Attorney are you using. When our parents get older it is usually best to use an Elder Law Attorney. If this Attorney is an Elder Law, could be he/she is looking to see if it would be doable to place all the assets into a Trust.

You mentioned your Dad signed a Power of Attorney to your Mom for selling the house. Such POA's are limited to just the sale of the house, nothing more. May I ask what was the reason your Dad didn't attend the closing on the house? Thus he allowed your Mom to sign for him. Have the Attorney review that POA, a brand new one might need to be drawn and signed.

Now a days there are so many different forms, or I should say legal documents drawn up from scratch. My parents had all new Power of Attorney's.... new Willing Wills... a Trust, and some other legal documents I don't recall.

While at the Attorney, have your own legal documents drawn up for your self. It is never too early to have such paperwork.
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The question is probably asked to help the attorney determine the best route to take for planning purposes. Maybe a trust would be beneficial. Or how long will the assets last. Will Medicaid be necessary and at what point.

Of course the attorney could just prepare the POA too. Would it be negligent to not advise on other elder related things. If mom's dementia is in an advanced state that she cannot comprehend what a POA is and the purpose of it, attorney may not find it ethical to get mom's signature on elder planning documents. Then the only recourse is to have a guardian assigned by the court.
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