Any advice greatly appreciated. My grandfather has been showing signs of dementia for a year or so now. My dad lives with him and does what he can. Recently he has gone down hill significantly. I am his POA and named on all of his affairs. However he never gave me a copy of the paperwork. A week ago today he left his home to get something to eat and was gone for hours, not answering his phone. 4 and a half hours later and 3 police/sheriff agencies we found him, 4 miles or so from his home, on the side of the road his car was wrecked and he had no idea where he was. He could hardly stand or walk and couldn't answer questions regarding what happened due to memory and word finding. His license was taking by the police. The insurance company is needing a copy of the POA paperwork so that I can take care of the car. He is fighting me saying I dont need the paperwork etc. He states he doesn't remember the lawyer who did the paperwork. Today got pretty heated. I am in desperate need of getting these papers not only for the car but mainly so that I can take care of him and his affairs. He does not bathe anymore - barely eats - has lost a lot of weight and has bladder issues but refuses any type of products to help with accidents. He hardly drinks throughout the day I think to avoid more bladder issues. Help!
How can I get this paperwork that I know exists?
I've called multiple lawyers no luck, His financial advisor, his bank, doctor, and hospital. No luck.
It really depends on how the POA is written if its in effect or not. Immediate means as soon as GF signed the paperwork, the POA was in effect. If its Springing, then you need a doctor or more to declare in writing that your GF is not competent to make informed decisions. When that is done, the POA is in effect and not before.
To find the paperwork your just going to need to look for it everywhere, even in books. My Mom had a drawer in her bedroom she used. I have a small filing cabinet. My husband had a metal box before we were married. A box could be hidden on a shelf. Your just going to need to tear the place apart. Look under mattresses. See if he has a safety deposit box.
Of course it is unwise to appoint someone that does not accept or is not aware of the responsibility.
I do feel that assigning POA should be done in a lawyers office. That the lawyer is responsible to make sure the person assigning is not being coerced or showing signs of cognitive decline. Also that the person assigned understands what their responsibilities are and what they can and can't do. And that the person assigned signs that they except the appt.
In neither of my appts were we given 2 copies. One for the principle and one for the person assigned and should be. The original should go to the assigned person and a copy to the principle. Really, who is going to need to prove they have POA. TG my Mom kept her important papers together. My nephew, I took the papers with me. Could not trust him not to loose them.
I have been designated POA for four different people in three different states. I have never had to sign the form. The person who named me POA had to sign before a notary with witnesses.
Is this a DPOA done when he did his will? If so you will need paperwork from two doctors attesting to the fact your grandfather is no longer competent to act for himself to begin to act upon it and get it in place.
If you cannot find a will or other papers in his home, which you should now scour for said papers, then you are left to become his guardian if you wish to. If he is hospitalized the Social Workers may be able to get you emergency temporary guardianship if he is adjudged not competent.
Your not having ducks in a row for this concerns me as I wonder if you know and understand what/ and all that is involved with serving as POA. At the time you take this on, if he isn't competent, you are responsible for everything, including ever single penny into his accounts and every penny out. You will be signing everything as his name with yours as POA. You will be legally responsible. This is a big job.
So contact social services at once. Tell them where this stands. Who has keys' to granddad's premises? you need to look for the will which I assume has the DPOA in it. The very sad thing is that most seniors, thinking this is SAFE, lock them into a safe or into a lockbox at their bank. As guardian you would have access to such places, but this enters into legal realms you may not choose to take responsibility for.
You may, in all honestly-- and I say this after taking on POA and Trustee of Trust for my bro willingly and knowingly-- be the better off for it.
I sure wish you the best of luck, but acting as POA involves a year of dreadfully difficult setup at BEST and that with a cooperative and competent person conferring the duty on you. I hope you'll update us.
Why would someone appoint a PoA without even asking them if they want to have this responsibility? And did the assignee's attorney not create a 2nd original document to give to the PoA so that they could carry out the role and then TELL them to give it to them?
Have you actually seen the document(s) and you saw that it had your name on it? And it had a notary seal on it? If so, I would ransack his house to look for it. It may be too late for him to create a new one, but even with mild dementia and memory impairment an attorney would privately interview him and he may still be deemed cognitively able to recreate this document. Without it, you are not his PoA no matter how much you or your Grandfather insists.
"I am...named on all of his affairs." What does this mean? If you don't find the paperwork then you are not named on all his affairs, unless you mean your name is joint on his accounts. Still, this doesn't make you his PoA. Your Dad doesn't know where your GF keeps his important documents? Guardianship is the only other option: either by you or the county.
Dumb question but have you looked everywhere in the house? It’s amazing the places paperwork can be hidden or misplaced. Under couch, in sock drawer, pulled drawers out, in a tool box, glove box, suitcase, etc etc? We had paperwork in a bank security box and the amazing thing a POA would not have worked to gain access.
When I was going through our paperwork and trashing tons of stuff I found hubby social security card in a wallet we never used. I almost gave the wallet to Goodwill with the SS card in it. Scary.