Bio, Just one more note after reading that you feel this is tough to navigate, and as someone who navigated these waters about 5 years ago, I sure do agree. I am thrilled now with all I learned, but at the time it was an exercise in anxiety. A lot of difference here in whether you were just appointed now, but a well Mom, to act for her in the future, or whether you are (as I was) thrown into it all at ONCE when you both learned she was suffering from a dementia that might take her mentation away quickly. That was scary for me and my brother, but we went to his attorney, I was made his POA for all things NOT in his Trust, and Trustee of Trust for his Trust. So I had to learn how to do both. We are here for questions. You will get an attorney you Trust when you are called to ACT as POA, and make it clear you don't want an attorney to do it all, but one to help you with legal questions, and an HOURLY fee. Good luck. You can DO THIS. Start looking on line. Take notes. Important to know the rules for your own state. If Mom is in great shape now, then NOW is the time to go through her documents, her files, her assets; make a trip to her bank and introduce yourself as daughter, as future POA if you need to enact it, and etc. You can do this. You will be proud and happy you did, and you will be able to PROTECT your Mom and her assets. Igloo here is about the brightest thing to my mind on Forum for all questions in these matters, so keep her name. You can private message us if you need to. We will hope to support you, but remember, for the law, for the law in your OWN area, some things fall under the realm of legal help. Don't be scared. And remember that anxiety can be your friend, warning you to take care, take it slow, get more info. Best wishes.
If mom is still alive, her will does NOT come into play until she has died and the it gets entered to probate court for whatever type of probate the future executor &/or family of the now deceased will need to do.
Keep the will someplace safe as it is the original and the court will need for the original to get filed. Original is a valid will.
Please pls reread the excellent info Alva posted. Something I’d like to add is for you to try to find out from an attorney if that POA you have for your mom is “springing”. A “springing POA” is imo a bit more cumbersome to use if the elder is real combative or real disagreeable with everything that you / POA want to do to help her out. It’s sounds like your mom is this type of personality, if so, really find a elder law atty to review the paperwork you have and let you know definitely as to if it’s a regular or a springing POA. It will make a difference as to being successful in dealing on your own with authority as to placing mom into a facility and other of your mom’s dramarama. Good luck!
You are not understanding what a POA is. Normally a POA is not filed. Wills are not filed until the principal is dead; they are then filed in probate court at the opening of filing for probate on the estate. POA ends at the death of the person who confers it (the principal). The deed transfer will be done upon the death of the principal by the EXECUTOR of the will who takes over upon the death from the POA. You may be BOTH POA now, while your elder is alive, and the executor upon death of your principal. Do take a bit of time to get straight what the duties and power of the POA are; you must keep meticulous records of every penny in and every penny out and you need a separate file for each entity you deal with. I also kept a detailed diary. Not understanding your Fiduciary duties under the law is no excuse before the law, so you need to understand. Your elder's assets pay for your time to understand your duty before the attorney. I had one entity that asked if my POA was filed in my brother's county, and only one. And when I said no there was no pushback. I dealt with everything from utilities to banks to realtors, and never got asked if my well written POA was filed. Others may suggest when it is best to have one filed, but I can't imagine why, and filing things makes them public documents. Not always a good thing.
Fwiw some states require for POA to be filed at the courthouse. Mississippi - yeah of all the the states, they do! - requires this and it actually can become an issue if not done should other family want to interfere w the supposed POAs actions.
also if you own property in MS but live in LA you kinda should file the LA drawn up POA (or do a new MS version of POA) at the county courthouse where MS property located. Lots of folks in New Orleans and Baton Rouge have a home &/or a boat on MS coast….. so should the POA need to sell or do other legal on the coastal property, having that POA filed will make it easier.
A lot of difference here in whether you were just appointed now, but a well Mom, to act for her in the future, or whether you are (as I was) thrown into it all at ONCE when you both learned she was suffering from a dementia that might take her mentation away quickly. That was scary for me and my brother, but we went to his attorney, I was made his POA for all things NOT in his Trust, and Trustee of Trust for his Trust. So I had to learn how to do both.
We are here for questions. You will get an attorney you Trust when you are called to ACT as POA, and make it clear you don't want an attorney to do it all, but one to help you with legal questions, and an HOURLY fee.
Good luck. You can DO THIS. Start looking on line. Take notes. Important to know the rules for your own state. If Mom is in great shape now, then NOW is the time to go through her documents, her files, her assets; make a trip to her bank and introduce yourself as daughter, as future POA if you need to enact it, and etc.
You can do this. You will be proud and happy you did, and you will be able to PROTECT your Mom and her assets.
Igloo here is about the brightest thing to my mind on Forum for all questions in these matters, so keep her name. You can private message us if you need to. We will hope to support you, but remember, for the law, for the law in your OWN area, some things fall under the realm of legal help.
Don't be scared. And remember that anxiety can be your friend, warning you to take care, take it slow, get more info.
Best wishes.
Keep the will someplace safe as it is the original and the court will need for the original to get filed. Original is a valid will.
Please pls reread the excellent info Alva posted. Something I’d like to add is for you to try to find out from an attorney if that POA you have for your mom is “springing”. A “springing POA” is imo a bit more cumbersome to use if the elder is real combative or real disagreeable with everything that you / POA want to do to help her out. It’s sounds like your mom is this type of personality, if so, really find a elder law atty to review the paperwork you have and let you know definitely as to if it’s a regular or a springing POA. It will make a difference as to being successful in dealing on your own with authority as to placing mom into a facility and other of your mom’s dramarama. Good luck!
Normally a POA is not filed.
Wills are not filed until the principal is dead; they are then filed in probate court at the opening of filing for probate on the estate.
POA ends at the death of the person who confers it (the principal).
The deed transfer will be done upon the death of the principal by the EXECUTOR of the will who takes over upon the death from the POA. You may be BOTH POA now, while your elder is alive, and the executor upon death of your principal.
Do take a bit of time to get straight what the duties and power of the POA are; you must keep meticulous records of every penny in and every penny out and you need a separate file for each entity you deal with. I also kept a detailed diary. Not understanding your Fiduciary duties under the law is no excuse before the law, so you need to understand. Your elder's assets pay for your time to understand your duty before the attorney.
I had one entity that asked if my POA was filed in my brother's county, and only one. And when I said no there was no pushback. I dealt with everything from utilities to banks to realtors, and never got asked if my well written POA was filed. Others may suggest when it is best to have one filed, but I can't imagine why, and filing things makes them public documents. Not always a good thing.
also if you own property in MS but live in LA you kinda should file the LA drawn up POA (or do a new MS version of POA) at the county courthouse where MS property located. Lots of folks in New Orleans and Baton Rouge have a home &/or a boat on MS coast….. so should the POA need to sell or do other legal on the coastal property, having that POA filed will make it easier.