Our Dr. (psychiatrist) printed out POA documents for us and told us that when I felt it was necessary to enforce this (husband has dementia) I should call him and the POA would be activated. Is this all I need to do?
Spend the money to get a paralegal or estate attorney to do these correctly. You should both be doing POAs (you obviously should grant it to someone other than your husband), and there are durable POAs for finacial things like bank accounts and medical POAs for medical decisions. You should be getting both for him and granting both to someone you trust for you with back-ups named, too.
In California where I am, they need to be notarized, too, so you don't just sign one and you're good to go.
Banks in particular are very fussy about POAs and want you to use their paberwork, so get to your bank and deal with it now, too. (You still do your own POA, but just make sure the bank is OK with what you've got.)
If your husband can't understand what he's signing, then it's all moot and he can't grant POA, but you still need it for yourself, so get them done.
My folks waited a tad too long to do all of that and my mom wasn't 100% competent, but not obviously so. She was able to say she wanted Dad and me to oversee her care. Their attorney knew them well enough to realize that none of us were trying to steal their money or wanted anything but to care for them, so he did the POAs with me as my dad's (he was fine healthwise) and as the back-up for my mom. It was a good thing, too, as Dad was the one who died first, so I was able to take over Mom's care seamlessly.
I get the impression the Doctor gave her the POA forms to fill out and told her when she was ready to use them he would make them effective. This is not how it should work.
Husband needs to be competent to assign a POA. Once he has Dementia, he is no longer competent to make informed decisions. If your husband understands what a POA means, then get the forms filled out and signed by him. You will need at least a notary and maybe witnesses. Me, I would see a lawyer and have paperwork drawn up. A lawyer can determine if husband understands what is going on.
The reason for a POA can be that the person is incapacitated and cannot make decisions in their own best interest. If person is no longer able to make their own decisions under legal definition, another legal document may need to be enforced. May depend on each state how this is handled.
indubuque, just seems odd that a psychiatrist can practice law. As JoAnn had mentioned, see an Attorney [Elder Law Attorney], as they are current with what goes into a Power of Attorney for your State. And if your husband can still understand the context of a POA, he could sign it. And while at the Attorney, update your Wills and any other legal document that one should have.
IMO printing off the internet is not a good idea. I think POAs are an individual thing and a lawyer should be there to help you in making sure its meets your needs. And to make sure the person understands what assigning POA means for them.
There are two types Independent and Springing. Independent is effective as soon as the Principle signs it. Springing you need a doctor or two saying the Principle is no longer able to make informed decisions.
In your situation, I would make it Immediate so you don't need a doctor. This does not mean you are in charge, IMO, but it gives you the ability to help the person as they decline. I took Mom when she was about 80 to get her Will redone and POA. The lawyer must have seen something or because of her age, he made the POA immediate. I was already helping her with bills, writing her checks and having her sign them. I also think POA will be more likely excepted if a lawyer has been involved.
I live in Texas have both a Statutory Durable POA and a Medical POA for my mom. Each are worded specific to the duties and criteria required with no limitations in place. Mine states that my power is not dependent on any disability or incapacity so that I didn’t have to have a doctor designate her incompetent. I strongly recommend hiring a good lawyer to go over all the wording and specifics as it does make a huge difference once you have to activate it.
In, are these documents you and husband provided prior to the dementia getting worse? Or are these fill in the blanks POAs?
Here is your challenge if the answer is fill in the blanks. For your husband (principal) to grant you (agent) a DPOA he must be able to understand what he is signing at the time he signs it. You CAN NOT sign it, not if you will be his agent. That is per the Iowa (paraphrased) Statute. Chapter 633B.
I recommend that you go to www.legis.Iowa.gov and search CH 633B it is 25 pages of your states laws that explain how your POA laws work. It sounds daunting but, it is a pretty easy read.
Thankfully you have a doctor that is willing to help you. I would trust the documents he gave you, this obviously isn't his first rodeo.
Reading the laws governing your responsibility as POA will give you confidence in handling this role and I have found that to be immensely valuable as so many people think they know and make your life hard.
Indub, I don't know why I didn't see your post when it first came along, but I sure want to echo what MJ has said. I myself would take your papers, wherever they are (most wills have a Spring DPOA in them, most Trusts, so look for that in yours and your hubby's papers) to an Elder Law Attorney. There ask about what you have and what you need. If there isn't already a POA written then--if your hubby is incapable of understanding conferring said duty upon you--it may be too late to do one. If there is one, the attorney will help you understand how all of this works. Keep clear records, mostly. And follow the Spring POA instructions of the documents you need to become POA. But definitely pay for the advice of an attorney. Be certain to say you are coming for an hour or more of time, with questions for said attorney. You can find out a lot online by researching POA under your own state as rules vary state to state. I surely wish you good luck.
Do it now. Don’t wait. We had this done with a family friend attorney just in time. A few months after dad was not able to sign his name or understand a lot anymore. Glad we did it when we did. Make sure you also have the health advocate and DNR paperwork in order. God bless.
Get with a competent elder care attorney licensed in your State! This is not something to guess at and each State is slightly different. But as others have indicated this is not just a "print if off the internet" thing and call to execute. A well-drafted POA for your State laws need to be created and notarized! Some states have boiler plate "Advanced Directive" documents so you can make medical decisions for your LO if/when needed, better than nothing; but a medical POA properly drafted for your State is better. The signing and notarizing of these documents is done in-person in most States although some States may still allow for "remote" execution given COVID. That said, in-person is the best approach so there are no questions or challenges later.
A durable financial POA is critical to allowing you upon execution of the documents (signed/notarized) to step in and take over on all financial matters. This give you rights to bank account management if NOT on joint accounts now. Ditto for retirement-related accounts (Social Security, pension, 401K, IRA, etc.) so that if you need to take minimum distributions or use the funds for care, you may do that. This allows you to sign and file State and Federal taxes on their behalf. To sell any asset (home, car, stocks/bonds, CD, any other tangible asset) that may need to be sold in order to generate funds for your LO's care. To make funeral arrangements, to pay lawyers (such as the elder care lawyer hired to execute these documents or to handle any Medicaid applications as needed or end of life planning: Will, Trusts, etc.).
The media POA allows you to take charge of your LO's medical care; which doctors are or are not part of the care team, where your LO resides (which nursing home, memory care facility, etc. and so sign any admission paperwork for such facilities), to agree to medical procedures and/or tests OR NOT, or when to end life sustaining care and instead move to hospice or only palliative care.
Without these documents properly executed for your State's laws and before a dementia diagnosis generally (in most States) is rendered are imperative to allowing you to essentially take over on all matters for your LO.
For both documents a successor can be also named. So if you get hit by a buss, and are no longer able to do this, serve as your LO's agent in these matters, then who then takes over? An adult child, the attorney (another option) or other person?
Talk with your area agency on aging or a quality Medicare/Medicaid memory care facility business office staff (they tend to know who the reputable players are in the elder care legal space) or your State Bar Assn to see who is a practicing elder care attorney who handles these matters, as well as Medicaid long term care nursing home coverage qualification (if that might need to come into play) and other end of life estate planning matters.
In California where I am, they need to be notarized, too, so you don't just sign one and you're good to go.
Banks in particular are very fussy about POAs and want you to use their paberwork, so get to your bank and deal with it now, too. (You still do your own POA, but just make sure the bank is OK with what you've got.)
If your husband can't understand what he's signing, then it's all moot and he can't grant POA, but you still need it for yourself, so get them done.
My folks waited a tad too long to do all of that and my mom wasn't 100% competent, but not obviously so. She was able to say she wanted Dad and me to oversee her care. Their attorney knew them well enough to realize that none of us were trying to steal their money or wanted anything but to care for them, so he did the POAs with me as my dad's (he was fine healthwise) and as the back-up for my mom. It was a good thing, too, as Dad was the one who died first, so I was able to take over Mom's care seamlessly.
Does it say that it is necessary for a doctor's signature to activate it?
Husband needs to be competent to assign a POA. Once he has Dementia, he is no longer competent to make informed decisions. If your husband understands what a POA means, then get the forms filled out and signed by him. You will need at least a notary and maybe witnesses. Me, I would see a lawyer and have paperwork drawn up. A lawyer can determine if husband understands what is going on.
IMO printing off the internet is not a good idea. I think POAs are an individual thing and a lawyer should be there to help you in making sure its meets your needs. And to make sure the person understands what assigning POA means for them.
There are two types Independent and Springing. Independent is effective as soon as the Principle signs it. Springing you need a doctor or two saying the Principle is no longer able to make informed decisions.
In your situation, I would make it Immediate so you don't need a doctor. This does not mean you are in charge, IMO, but it gives you the ability to help the person as they decline. I took Mom when she was about 80 to get her Will redone and POA. The lawyer must have seen something or because of her age, he made the POA immediate. I was already helping her with bills, writing her checks and having her sign them. I also think POA will be more likely excepted if a lawyer has been involved.
Here is your challenge if the answer is fill in the blanks. For your husband (principal) to grant you (agent) a DPOA he must be able to understand what he is signing at the time he signs it. You CAN NOT sign it, not if you will be his agent. That is per the Iowa (paraphrased) Statute. Chapter 633B.
I recommend that you go to www.legis.Iowa.gov and search CH 633B it is 25 pages of your states laws that explain how your POA laws work. It sounds daunting but, it is a pretty easy read.
Thankfully you have a doctor that is willing to help you. I would trust the documents he gave you, this obviously isn't his first rodeo.
Reading the laws governing your responsibility as POA will give you confidence in handling this role and I have found that to be immensely valuable as so many people think they know and make your life hard.
You can find out a lot online by researching POA under your own state as rules vary state to state.
I surely wish you good luck.
A durable financial POA is critical to allowing you upon execution of the documents (signed/notarized) to step in and take over on all financial matters. This give you rights to bank account management if NOT on joint accounts now. Ditto for retirement-related accounts (Social Security, pension, 401K, IRA, etc.) so that if you need to take minimum distributions or use the funds for care, you may do that. This allows you to sign and file State and Federal taxes on their behalf. To sell any asset (home, car, stocks/bonds, CD, any other tangible asset) that may need to be sold in order to generate funds for your LO's care. To make funeral arrangements, to pay lawyers (such as the elder care lawyer hired to execute these documents or to handle any Medicaid applications as needed or end of life planning: Will, Trusts, etc.).
The media POA allows you to take charge of your LO's medical care; which doctors are or are not part of the care team, where your LO resides (which nursing home, memory care facility, etc. and so sign any admission paperwork for such facilities), to agree to medical procedures and/or tests OR NOT, or when to end life sustaining care and instead move to hospice or only palliative care.
Without these documents properly executed for your State's laws and before a dementia diagnosis generally (in most States) is rendered are imperative to allowing you to essentially take over on all matters for your LO.
For both documents a successor can be also named. So if you get hit by a buss, and are no longer able to do this, serve as your LO's agent in these matters, then who then takes over? An adult child, the attorney (another option) or other person?
Talk with your area agency on aging or a quality Medicare/Medicaid memory care facility business office staff (they tend to know who the reputable players are in the elder care legal space) or your State Bar Assn to see who is a practicing elder care attorney who handles these matters, as well as Medicaid long term care nursing home coverage qualification (if that might need to come into play) and other end of life estate planning matters.
Good luck with this.
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