John Roberts, what happens when the elderly parent refuses to sign and still shows levels of incompetence? For example, your elderly parent calls a banking institution complaining that money from their account was stolen when in fact nothing was ever done or the same elderly parent calls law enforcement because they think someone has broken into their apartment and stolen their clothes? You suggest that they sign a POA but they delay or refuse to do so. From my experience, the POA was not going to happen with my elderly parent because they did not want to lose their control over their lives, even if they are creating the same reality that they are afraid of.
As other posters point out, answers depend on your Mom's current competence. The primary purpose of a Durable Power of Attorney is to eliminate the need to appoint a Conservator in the event a person becomes incapacitated. Conservatorship is a public court proceeding. It requires filing fees and public notices published in the newspaper. The Conservator's accountings for an incapacitated person's assets and income are reviewed by the Probate Court. The accounts are open to inspection by anyone who walks into the Registry of Probate and asks to see a file.
Just as the Power of Attorney gives your Agent the authority to take care of assets and business transactions, the Health Care Proxy or Advance Directive for Health Care is designed to avoid the need for appointment of a Probate Court Guardian to take responsibility for medical care and medication. That is because the proxy document gives to a Health Care Agent the authority to tell doctors and health care providers how to take care of the "principal" who signed the document.
If your Mom is able to understand and sign these documents, she can avoid Conservatorship and Guardianship. If she does not have competence, you may need to get authority through Court proceedings like Guardianship or Conservatorship.
that is or is not true, You can use your own money to pursue a lawyer and then get the court expenses repaid. However, that is you receive the award of guardianship and if you have no contestant (other parties). I am going through that process now. It is frustrating and depressing.
It's too late for POAs if Mom has Dementia/ALZ. She has to be able to assign someone. The only thing would be guardianship. You can use Moms money to get it.
crps57, I agree with cwillie above, we really do need more information.
I did gather from your profile that your Mom still lives in her own home and she has Alzheimer's/Dementia. And that she refuses to take her medicine and see a doctor. That in itself is very common, especially seeing the doctor part.
I'm going to answer to bump up your post so that others can see it crps57. Perhaps you could add a little more detail to your question, how old is mom and is she just being stubborn or is she no longer capable of drafting a POA?
Just as the Power of Attorney gives your Agent the authority to take care of assets and business transactions, the Health Care Proxy or Advance Directive for Health Care is designed to avoid the need for appointment of a Probate Court Guardian to take responsibility for medical care and medication. That is because the proxy document gives to a Health Care Agent the authority to tell doctors and health care providers how to take care of the "principal" who signed the document.
If your Mom is able to understand and sign these documents, she can avoid Conservatorship and Guardianship. If she does not have competence, you may need to get authority through Court proceedings like Guardianship or Conservatorship.
I did gather from your profile that your Mom still lives in her own home and she has Alzheimer's/Dementia. And that she refuses to take her medicine and see a doctor. That in itself is very common, especially seeing the doctor part.
Perhaps you could add a little more detail to your question, how old is mom and is she just being stubborn or is she no longer capable of drafting a POA?