How do you invoke power of attorney when the aging parent is no longer making sound financial decisions?

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How do you invoke power of attorney when the aging parent is no longer making sound financial decisions?

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My father is 81, and he is no longer thinking clearly or making sound decisions. I talked to him about becoming power of attorney for him and he said that would be okay. I am clueless about how to start this process, can anyone offer me any advice as to how I go about this, who to contact, what I need to do? Do I need to hire a lawyer because I am a single mom only working part time, do not have money to get a lawyer.

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Tamara, contact your County Office of the Aging. Often they have lawyers who will set this up for free for seniors with limited assets.
If your father has substantial assets, see his attorney to set this up. The fee can be paid from Dad's funds.

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Thank you Pam

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My client's family has the right legal documents but doesn't exercise the control they should. The client orders things, gives her credit card, sends checks in the mail, endorses ongoing transactions on her bank account and is on the list of every scammer in the Netherlands. I am keeping records of my notifications to them so I am not liable for any of this mischief. It makes me sick to sit by and watch this because she could be wiped out financially because they are too lazy or busy to protect her.

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Durable Financial Power of Attorney

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a son has poa over dad, he gets a letter from the doctor stating dad's dementia has worsened over the year, and lost 15 lbs and is drinking and driving and someone to do his financials. the doc states dad should not be driving and needs assisted living. son tells dad no driving and do not take any money out of bank for day. dad was still working. dad notices his money and investments have been taken out of his acct. he goes to see a lawyer and asks for a new poa. new papaers were drawn up but son said dad was incompetent at the time. son has dad put into behavior health facility for 24 hours acces and hold. daughter goes to facility after 24 hours and they recommend 24 hour care. daughter takes dad to her home and begins to look for assisted living. atty's agree to have a court date for guardenship and conservatorship. can daughter request at court for an independent person to look over dads financials even though brother has poa. brother doesn't communicate with daughter on dads behalf.

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Laurie, it may not be necessary. If son is appointed as conservator, he will be required by the court to submit financial information yearly. He will also have to show that he does not have a criminal record and that he has good credit history. There should be a background check. You could always get an attorney and petition the court for impartial third parties to watch over dad's finances and health.

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Very difficult , just do your best that's all you can do, find out your rights or where to get help , remember knowledge is power,

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both my brother and I have POA. He lives in Florida and I live in the same city as my mom. He hardly ever spends time with her, but has been flying in to be with her regularly since she was hospitalized. in a note attached to her POA, she states it is her desire to have him continue to work with her investments. and for me to write her checks and pay her bills. Do I have to run all expenses past him? He made a threatening text: "since you now believe you have power, you will have to document all expenses or the government will come after you." (he and i dont' get along) I don't want this job. should I give it to him? he is the cpa. I am quite unorganized and don't even balance my own checkbook . .

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Keep a copy of a letter from her Dr saying she has alzheimers in your purse at all times as well as a copy of your POA & a copy of her DL. If ever there is a situation to happen due to her & the police show up you will want to have those 3 papers with you. Can mom move in with you?? It might be aggervating no one likes someone living with them but sis would be involved less and you can keep a good eye on mom. Tell her she don't have to pay any rent if she lives with you tell her anything to get her with you because from what I get mom needs to be with someone & that could be sis.If your POA go to the bank & move her money & have her SS go direct deposit into a new account that has just your name on it.

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Have a neurologist examine her. Ask him/her to write you a letter stating what stage of alzheimers she is in, and that in his ooinion, she should have her poa started, not the exact words. I did this for my Mom,worked well.

Should

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lltruong1138 - I hope you can help your friend with this info. All that is needed is the date of each POA signed, a legibly written or preferably, a typed statement, indicating that Ms. __________ ___________, was coerced into signed a POA against her will and without her full knowledge and understanding on ________ {date}. Consequently, this statement does hereby revoke that POA dated __________ {date}, which was written by ____________ _________, and signed under duress. The POA dated __________, electing Ms. _____________'s daughter as her POA is, in fact, the POA signed by Ms. ________________ indicating her preferences, then and now. Further details are available if needed from defendant's son, _____________ ____________, if needed. He can be reached at ________________________. Good luck!

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Can someone please help me, ive got a elderly mum, who was living with her long term partner of 25 years, when one day my sister went to there home a removed my mum from there in tears, and took her to her home to live with her, when i questiond mum although suffering from dementia, she said this is what she wanted, so mum lived with her for six months, and unknown to the rest of the family applied for power of attorney, none of us were notified and it went through,
A month later she put our mum into a care home, now when i call mum she is crying on the phone to come home, we would love mum to come and live with us,but cant as my sister has p.o.a it is extremy upset to hear my mu crying on the phone, please can someone help

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My Dad had a massive stroke and is now in a skilled nursing home in a vegetative state. How can my mom get power of attorney if dad cannot sign his name. They have been married over 50 years. We don't know what to do, we need help finding out how to pay for his care. Kiaser only pays for 100 days. We can't afford to pay out of pocket. My mom needs power of attorney to do anything with property.

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Go immediately to an elder law attorney. Ask Kaiser (social worker) to recommend one or ask friends.

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My father sat down with an attorney in California when his mind was better in 2007. He completed a Living Trust, Will, Durable POA and Advanced Healthcare Directive. His paperwork stated it was not effective until a doctor determined he was not capable of making healthcare or financial decisions for himself. Fast forward to 2014 when I had to travel from GA to CA to go get him and bring him back here to care for. The Neurologist signed a notarized statement and that invoked his legal papers he no longer remembered even doing.

I have a younger brother and sister that do nothing to help and did nothing when I had to move him and then return to CA to sell his house. I have never had any issue with the Durable POA or any of his paperwork from any bank, mortgage company etc. Do your documents early in life and don't leave your kids to figure it all out after you cannot make decisions. My father's documents actually state "if anyone listed contests any of his legal documents that that person will be treated as if they were never listed".

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How do you invoke power of attorney when the aging parent is no longer making sound financial decisions?

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