Do I need a power of attorney or durable power of attorney? - AgingCare.com

Do I need a power of attorney or durable power of attorney?

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I have been taking care of mom/dad's finances/bill pay for the last two years now. I have been added as a check signer so no issues with the bank, but I the Visa and a few others want POA on file in order to speak with me about the bill. Mom/Dad are 88 (suffered stroke recently)/89 (vascular dementia started) and both still competent enough and willing to give me the rights to help. All siblings are aware and on the same page.

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Glad to hear you have already reviewed the essentials, and I hope all goes well with the drafting new POAs so that you can help and share responsibility.
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Thanks much for your quick reply. I will ask an elder law attorney to do just that. We did have an attorney review their will/trust/bank account etc recently and it seems all are in good order with my oldest brother being executor and having POA. We just need this additional one so he doesn't have to get on the phone when I need to speak on behalf of bill pay issues, if any.
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A durable power of attorney is simply a POA that has a durability provision - which means if a person becomes incapacitated or incompetent, the "attorney-in-fact", "agent", "POA" are allowed to continue acting on behalf of the principal (in your case, your parents".

In your case, you want to make sure your POA has durability language (i.e., a durable POA), since there will be a time when neither parent can make decisions on their own behalf and you don't want to be stuck with a worthless document.

Depending on your state, a "statutory POA" may be available (and there's usually a section regarding durability), or you may wish to consult with an elder law attorney to draft a POA for each of your parents and make sure the remainder of their estate plan is in order.

Best of luck...
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