Follow
Share

My mother's attorney who issued these documents says I have what I need to take care of her. However, another attorney reviewed this for me and says no that it needs to be revised that it specifically prohibits an agent from entering into a personal service contract unless it was authorized in the document, and the document does not authorize me to enter into or sign contracts on her behalf.

Find Care & Housing
Where are you trying to move your mom?

If elders are incompetent most care facilities will admit based on a letter from the treating doc stating that the elders can no longer care for themselves.

I placed both parents in assisted living in 2017. I had a POA but the administration hardly gave it a glance, just copied it for the file. I also had a letter from their doc.

When it’s clear to all involved that the elder in question can not care for themselves or manage their affairs the legalities of placement is usually not a problem.

My folks did not have the wherewithal to challenge my decision to put them in care. I suspect your mother does not either. If she’s still with it and can challenge you, well, that could be another story.
Helpful Answer (0)
Reply to Windyridge
Report

Some POAs are written broadly while others are written so specifically they may state the brand of toilet paper to be bought. Your mother's attorney - i.e. the attorney your mother chose to prepare these documents for her - said that your POA is written broadly enough that you have broad powers.

Your mother has Alzheimer's and it is highly unlikely that her attorney will find her competent to alter the POA now. Keep in mind that the second attorney may be fishing for some billable hours. I'm curious as to why you consulted with another attorney. Do you not trust her attorney?

If I found myself in your position, I would act based on the old adage that it is better to ask for forgiveness than permission.
Helpful Answer (0)
Reply to NYDaughterInLaw
Report

My POA gave me the right to make decisions, sell and buy etc. I would go with the second lawyer. Problem is though, if the principle is competent to make the changes. If not, you are stuck with how it is written.
Helpful Answer (0)
Reply to JoAnn29
Report

If you have a POA and you are currently caring for health issues, that should be enough to make changes.
Helpful Answer (0)
Reply to lauramay
Report

Powers of Attorney do vary widely and are written to say EXACTLY what you can do. My own was 6 pages long and one of its items " through "r") did specifically allow me to "Contract in any manner with any person on terms agreeable to my Attorney in Fact, to accomplish a purpose of a transaction and to perform, rescind, reform, release or modify the contract or another contract made by me on my behalf". It was explained to both my BROTHER making this POA with me, and to me, that this POA is strong enough for me to "sell the gold in his teeth". So it might help you to actually read your contract.The legalsese in them isn't too difficult. I would say to all that a really good POA is important to get while the "attorney in fact" is still strong and whole, can understand the docum ment, and for the future. Give your contract a good read. And you may need another opinion.
Helpful Answer (1)
Reply to AlvaDeer
Report

Have you consulted an actual elder law attorney? Their experience and specialization does make a difference. I guess I'm saying a 3rd opinion may be necessary.
Helpful Answer (1)
Reply to Geaton777
Report

Ask a Question
Subscribe to
Our Newsletter