How do I invoke a durable POA?

I am POA for my mother and didn't activate it. In all situations that required my mother's signature, I became the signatory -- her health care, fixing her house, etc. I keep a copy in my car as I live 75 miles away, in case I am doing something on her behalf and a copy is needed. As it comes to her house/possessions, the first thing I did was have the house re-keyed. Since 1965 when my parents bought the house, who knows how many people have copies of the keys (maybe none)? But that way I know I am the only person with keys. As people are helping me get the house ready for sale, I don't tell them my mother's story. I simply call them in, get estimates, and move forward. As long as you have POA, you can proceed. As a fiduciary you need to be prudent about your decisions and keep paperwork on everything you do. But you are the decision-maker.

With my mom, I called her lawyer to see about this & after 2 minutes the lawyer said "when I saw her last month I didn't know why she came when she walked out so I'm saying that the POA is activated as of now" - I had to have this confirmed in writing & backed up by her doctors [she was in hospital & there was no problem there] for government issues like her pensions etc. -

I live in Ontario but from what I've seen here generally you need a doctor to deem her incapable of forming decisions for her own welfare & that she needs help with these tasks -

I used a 1/2 size coiled school book with multiple dividers from the dollar store - each section had designated uses such as - medical, financial, important phone numbers etc. - when in doubt document everything - this book was small enough to fit in my purse if I needed to bring it with me & then I could keep my hands free to help mom

My sister was back-up so after every appointment I wrote up a summary in an email with names addresses etc & copied myself so that I could quickly refer to past appointments - if something happened to mom when I was away then she could have been right in the loop - we never needed this but it was 1 less worry to deal with & she could never say that she wasn't kept up to date on mom's health

I hope this helps & I did this from day 1 - FYI until you have everything in order & running smoothly take those POA papers with you everywhere because you'll need them for some of the most unusual items

The first thing that you need to do is read the Durable POA document and see what the requirements are in order to invoke the DPOA.  Also, talk with your Mom's attorney regarding invoking the DPOA. 

Most states require that the person be declared incompetent by 1 or 2 doctors or require a specific event to occur before the DPOA can be invoked unless the DPOA states specifically that "the person does not have to be declared incompetent" or that "the requirements of state statute #_____ does not have to be met in order of DPOA to be invoked" or "This power of attorney is not affected by my subsequent disability or incapacity." [https://hhs.texas.gov/laws-regulations/forms/miscellaneous/sdpoa-statutory-durable-power-attorney]

If the DPOA document states "This power of attorney becomes effective upon my disability or incapacity."; then you will be required to prove that your Mom is disabled or incapacitated.  See the website link that I listed above.

As a practical matter, it should not take any legal action to use your POA. Your mom’s in hospice and medical folks may ask if you have a POA but usually will take your word and allow you to make decisions if it’s clear mom is no longer competent.

be ready to supply a copy if requested and as others suggest, read it carefully.

I did everything for my folks for years, medical, finances and so on. The only folks that wanted copies of POA were banks and such. And they could be real jerks even with a POA. The docs, hospitals would just ask...ARE YOU POA? Well we’d like to do such and so....

You present it (show the originl and they'll make a copy) to her fiancial institutions, her utility companies, her doctors, maybe the pharmacy, Social Security Administration, insurance companies, etc. Once they have this on file you shouldn't have any problem transacting all her business for her. You should keep the original in a safe place. Usually PoAs are General Durable PoAs, so you have pretty much all authority over your mother's property and maybe her healthcare decisions (although often healthcare is put in a separate document). In the eyes of the law, you are your mother when exercising your PoA.

Re when to invoke: if your mother has followed your state's law on PoAs (usually they need to be notarized), once she signs it and gives it to you it's a done deal and you can use is whenever necessary. There are obligations you probably already understand, e.g. to keep her property safe and separate from yours.

Did an attorney prepare the POA? Read the document, there are usually instructions on what to do to activate it if it is a springing POA. Or it may be a standing POA.

Check with her attorney.

She is on hospice? The POA will expire upon her death. Has she also assigned an executor?

I think the POA gives you the ability to do all of these legal things on your moms behalf. Any bank, realtor etc should see you as your mom or an extension of her. That's the way it has worked for us. Now Mom has never objected to anything we were doing but the POA gave us the ability to speak and sign for her, we haven't run into a problem with any one/business.

This snippet is specific to Texas:

"If you are entrusting your agent to conduct real estate transactions for you, the power of attorney document has to be filed with the clerk of each county where the property is located."

So, I should head to your county's official website and look for guidance there. They mostly have good search engines, just type in "DPOA" to start with and see what comes up,

You should also take out the actual DPOA documents and have a good read of them. If there's no helpful instructions included, you might do worse than go back to the lawyer who helped draw them up and say "now what?"

Assuming that the document was signed and properly notarized, for most matters you merely inform whoever you want to conduct business with on her behalf that you are DPOA, and allow them to retain a copy of the executed document as proof. Unless it stipulates conditions, it was effective when it was executed / signed. Insurance companies and banks will absolutely require a copy before they do, or answer, anything for you.

Unless you are penniless, please do not listen to those that think lawyers are useless. I am NOT a lawyer, but I do live in Texas where you reside.
Spend $250-300 for a consult with an Elder Law attorney. Knowledge is power.
If she is still capable, a house can be handled outside of Probate with a Transfer on Death form but if there are other assets all may have to go through Probate Court.
Does she have a Will? If not and she is not of sound mind it is too late for a Will and the distribution of her assets is mandated specifically by State law. There are too many potential loose ends not to get professional advice. I’ve never seen or known an attorney that sells anything but legal advice. Investment advisors sell the other stuff referred earlier.