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My mom who has Avanced dementia wants me to be her "Agent/Attorney In Fact" for her regarding her Durable Power of Attorney. One of her requests is for my sister not to have any say or any involvement.
If for some reason something happens to me or I am unable we don't have any backup person We don't have any family other than I'm Australia and we don't know anyone who is willing to act in this capacity. She wants me to protect her from my sister. Please help. We don't want to take this to court as my sister is very wealthy and can afford the best legal assistance where as we are recipients of Medicaid and financially struggling. Please help.

I need to also draw up some legal document but I have nobody to act as agent. I have spent the last 14 years being very ill and the last 9 years taking care of both my mom and dad and have struggled with not being isolated and totally involved in taking care of my parents.
Please advise if the a Healthcare Durable Power of Attorney and Financial Power of Attorney can be combined in one document or do we need 2 separate documents?

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Once they can't pass the competency, the best course is Guardianship.
As for POA/DPOA, look around here and you see ongoing battles when the patient is convinced by others to change the POA and revoke all previous versions, especially when dementia advances.
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They need to be 2 separate documents.
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I assume Mom is in the US since she's on medicaid. Both forms can be downloaded on line and notarized..

https://www.agingcare.com/Answers/power-of-attorney-poa-free-cost-139457.htm
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Rocker Lawyer incorporates both. Legal Shield just has Financial.
I think I used the wrong term. The durable POA stated that the agent may make decisions as to where she lives, who takes care of her, what doctors she sees, what pharmacy to use, what food she may continue eating etc. I wasn't referring to End of Life like a Living Will or Advanced Healthcare Directive because those are completely different documents,
My main concern is if something happens to me or for health reasons I'm unable to follow through. I am so burned out and haven't had a break in 9 years or had time to do much for myself I just think it's important to have a backup. (Or maybe not??).
Please forgive me. This is my first posting because I don't normally have the time or ability to sit and type. Reading posting each day helps me a lot as I can relate to so many of the situations. I wish I could post more. This legal issue has been a major stressor for years
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Assandache7, thank you so much.
Yes we are in the USA. Isn't each state different though? The legal issues and different terms are very confusing. I also get so emotional when I do stuff like this. It helps t confusing n
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Call your Local Agency on Aging usually incorporated within the Council of Governments. They can provide you information of all sorts. Also legal aid in your area that will help you determine what documents you will need. Their fees are on a sliding scale. Or if you prefer to retain an attorney check out AVVO website to ask your questions receive responses at no fee.
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I agree, call your Area of aging they are very helpful..
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BeHopeful, in what county is Charlotte, NC located? Google that county's bar association and ask about legal aide services. If you can't afford an elder law attorney, try to locate someone who can help you for free, or at a nominal cost.

If you don't think your mother would pass a competency test, that's even more reason not to use online boilerplate forms. The fact that you have this knowledge could be used against you to revoke the DPOA.

What you also could do is contact the county Probate Court and get information on a guardianship application, as Pam suggests. This may be your only safe course of action.

Sorry I can't give you better advice, but your mom's dementia is a complicating factor.
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Yes it is very frightening. The process is lengthy and expensive. My mom is ok a lot of the times but it's unpredictable when that will be
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What if I can get an elder law attorney? Problem is it costs a fortune to apply for guardianship and I would hate to put my mom through that kind of heartache and stress. Going to court would scare her to death (and me), we've never even had a parking ticket
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