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Can the person whom executed the docs activate on their own later?? I learned from my parents lawyers that in 2001 they made drastic changes to their Legal Paperwork and when the time arose I should find these documents. Further the attorney, informed me that my parents also had "protection" added to the documents and in time I would understand. Ten days after my parents were moved to South Carolina, in comes APS. I went and got my WV APS clearance letter from my brothers complaint investigation which stated "unfounded complaints filed with WV-DSS against MyName which were determined to be untrue and MyName has been cleared of any wrong doing." In SC you do not a response, closure of investigation, etc, and SC-APS makes very many demands in the process, such as insisting you file with Probate Court Petition for Conservator and Guardian. My mother and i filed for C&G jointly, butwe never mailed the notice to all family members to look for legal papers still packed from move. Days later I found the legal paperwork the lawyer told me to find when the time was needed. I found I was made Executor, MPOA, and SDPOA for both of my parents, in the secondary of my mother. My mother and I petitioned the court by letter requesting these WV Civil Doc's and if the court agreed they were valid that we concurrently requested that the courts take this letter as a petition to withdraw the original petition and consideration of a refund of all filing fee's and taxes; a week later we got a package from the court with the original documents and a refund check. I hired a lawyer two years later to get a decision letter to get a DSS-APS investigation. It read that a formal complaint of Financial Exploitation of my father by My Mother and Myself, which was investigated for 90 days and the case was closed. It turns out there is a compact between almost every state in US through the AG's Association. Probate office said that due to this compact if a Foreign Jurisdiction of Law created a legal document, that if is valid in compact states AG Association, and that if the Foreign state mandates are a lower threshold of a state the document is being used, that that state has to accept the foreign states letter of the law in perfecting the activation of these foreign legal documents, with a lower threshold. WV Does not require POA's to be registered with the Clerk of Records (Mensa in SC) to be valid. SC does not recognize these documents until they are registered as being filed with court, for public viewing. Now to my Q: Are there other means to activate a Springing Durable Power of Attorney? Would it be legal for the person whom executed these legal documents years earlier to write, sign in front of Notary Public a letter stating they desired these documents to take affect upon execution of this letter of instruction due to a recent medical diagnosis which will ultimately activate these documents down the road, but at this time the person executing this document desire not to have to ever deal with legal documents again. I ask as Mom has hidden from me her learning of a diagnosis in Dec 2015. This past week she was hospitalized in the ER for 24 hours on three visits over the course of 88 hours. However, my mother had put the home up for sale three months ago, and a contract to purchase came in 8 hours before she was hospitalized. After discharge from the ER for suspicion of Cardiac issues, which was ruled out, she executed these documents to sell the home. This third visit with the ER was a cold hearted doctor who kept strutting around saying "incompetence" "delirious", etc. I finally spoke up and said that I had never heard any words from a doctor in reference to my mother prior to this date. He basically acted like I was a liar. Finally a different "Doctors Practice Group, internal medicine, came down and gave the justification of why they refused to admit Mom to hospital as with her health state she would be at a high risk of catching a much worse infection, et. al., in this hospital than being sent home. As they also said this was the first time she had been unstable from Dehydration, GERD, Hallucinations, and that she will ultimately rebound, more than likely, but in time I will have a re-occurrence of these complaints of mine down the road, with ups and downs. In the course of this, in justifying the hospitals expectation that I truly knew of her full true diagnosis of 18 months earlier, I mentioned the ratified contract of my mother selling the home, which was set to close in 30 days. This doctor told me that it was in his expert opinion, based upon his assessment of the patient, and the other two doctors notes of her two prior visits to the ER, that this contract to sell the home is not valid, as the hospital noted she was not competent during this 88 hrs period In my fathers case it took 2 years to perfect 2 independent physician to write a letter which was written using the language that in their opinion my father needed financial protections to activate POA

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Legal professional here - I deal with POA reviews several times a day for a life/annuity insurer to make sure the POA is valid, and allows the agent/attorney-in-fact to act on any given transaction requested.

Here at my company, if the POA is "springing", we request the documentation as specified in the POA that is to be evidence that it "sprung". We have accepted notarized statements from the principal (your parent, in your case) that they are springing the POA itself. In other cases, the person has the capacity to execute a new POA that is active immediately. But as a financial institution, we generally look to the requirements in the POA itself as to how to "spring" the POA. If it requires X conditions, that evidence is what we look for to see that the POA is active.

Best wishes.
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Dear Caringson2,

I think it might be best to speak directly with an Elder Law Attorney for my legal advice.

I found this link, I think it highlights the difficulties you have alluded to.

http://www.nolo.com/legal-encyclopedia/the-problem-springing-powers-attorney.html
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