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?
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.
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.
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.
Well, by contacing him (the Dr.) does that mean he'll provide a written medical diagnosis of cognitive incapacity? Is that what the PoA document says is necessary to activate the legal authority? You need to follow what is instructed in the PoA document. That's what the law requires.
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.
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.
To me it sounds like he has already told you that he authorizes it to be activated.
Read your document, make a list of the changes in your husband’s behavior, and call the doctor’s office with your thoughts.
Be absolutely sure that you consider the balance between YOUR NEEDS for safety and comfort and your husband’s needs.
Does it say that it is necessary for a doctor's signature to activate it?