My Mom has terminal brain cancer, but has not yet given up control of her finances. She is fiercely independent, but as time goes on, her ability to make sound decisions is fading. I'm genuinely worried that my family members are waiting in the wings to make sure they get their "share". She has signed and notarized a durable POA naming me and my sibling as joint-POAs. She has the "springing" feature that can only be acted upon when her doctor and one of the joint-POAs deem her incapacitated. Being a joint-POA with my sibling presents its own issues. I am trying to do the right thing caring for my mom, but her difficult personality, and the potential issues that will arise from distrustful family members makes me want to be as prepared as possible for anything that is coming my way. Here are some specific questions I'm hoping anyone can help with...
Invoking the POA
- How is a medical and financial power of attorney initiated? Does anything need to be filed with the state?
- Do we need attorney services to interpret the and enact the POA?
- Is there a standard form that the doctor and one of the co-conservators needs to fill out and attach to the POA?
- Once we have enacted the POA, how do you use the documents? Do the originals suffice as proof? How are they validated and authenticated?
Joint-POA Terms and Language
- Does the first person nominated have more authority to act than the second?
- What determines if a person is unwilling or unable to act as a co-conservator?
- Is it possible to prevent one of the co-conservators from obtaining a copy of the POA and acting alone?
Thank you for any feedback!
In A. Pickle