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My 83 year old mother is starting to forget where she put things and is starting to believe people are stealing from her. My friends told me to get a POA before she isn’t cognitively capable of signing it. So, I asked her to sign a POA. She said she read her tarot cards and will get married again so no need for POA; she won’t be a burden to me. Yet, she hasn’t dated anyone for years. How do I convince her that it’s in her interest? I know it helps me, but she doesn’t seem to think it is an issue. I told her that she can revoke it at anytime so if she gets married, she can do it then. My mom has almost no money except she owns her condo so if I need her to go into AL, I would need the money from the condo to help me pay it so I’m worried what will happen if I am not POA. Do I have to pay for everything until I can apply for help? So new to this!

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Make the appointment with a lawyer… she will probably listen to him before you… tell her she needs a will , get it all done…
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You can be proactive and make an appointment with an elder law attorney. Don't wait for her to agree to it. Tell her whatever it takes to get her there. Once there, the attorney will take her and interview her privately to assess her ability to comprehend what creating a PoA will mean for her and also to get her away from any outside pressure to create one. This meeting may give you your answer. If she is able and willing to create a DPoA, you then need to know what will activate your authority. Usually it is one or two diagnosis of cognitive/memory impairment. After she creates her DPoA, take her in for an exam and discretely ask the staff to give her a cognitive/memory exam (and also test for a UTI to discount this). At this point you'll have a general baseline for her capacity.
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In the U.S., if your mom has no PoA and then becomes too cognitively impaired to make decisions in her own best interests, you eventually will either need to pursue guardianship of her through the courts (very expensive and time consuming) or wait for the county to acquire guardianship. If this happens, you won't be in control of any of the management or decision-making for her medical or financial affairs (including what happens to her condo). If appropriate they wil transition her into a facility and she'll receive the care and attention she needs, and you can carry on your relationship with her, just with no insight into her affairs.

Without a PoA, and if she needs AL, you won't be able to force her to go. If she's living in her own condo, you will need to report her to APS and when things get "bad enough" they will move for guardianship. The process can differ by state, but this is basically what happens.
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It sounds like she's closer to dementia than it might seem. Be prepared to talk to her soon about what a durable medical and financial POA actually means. Your state's bar association should have information online. If she repeats that she doesn't need one because a man is going to come along you might tell her that this gentleman would probably appreciate you "taking care of everything" and if he wished to become her POA agent, you would help him arrange it. Then let her know gently that if these documents are not in place and she did need someone to care for her it would mean petitioning the court for someone, you probably, to get guardianship and conservatorship. This is time consuming, embarrassing, and expensive. Consider a visit to an attorney but take her with you. Don't meet with the attorney alone. Elder attorneys are usually pretty savvy about the mental capacity of potential clients and can advise you. Make sure she has all her other estate planning documents: will, advance directives, HIPAA forms, living will.
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My brother and I took mom to an elder care lawyer to get her will updated. As part of the service he wrote up POA and living will. This was long before she needed it. It worked out great. Undid last will in which my uncle was executor. They had had a falling out anyway. Now mom is in memory care and her brother is also in AL.
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You don't convince her. You make an appointment for her to see an elder law attorney. Let the attorney do the convincing and preparation of any documents. Don't ever download legal forms. They may not be legal format for your state.

And the POA needs to be notarized. You cannot just hand her a form and expect her to sign it. She is suspicious and if I were told to sign something that way, I wouldn't sign it either.
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Geaton777 Apr 2022
Respectfully, please stop advising people to "never download legal forms". Both Legalzoom and Rocketlawyer provide review and consultations with actual attorneys for each state. You get a PoA that is for the state in which you live. A downloaded and property finalized PoA is certainly better than no PoA. Of the 3 elders for which I'm DPoA, there is a mix of both types and no problems so far with the downloaded PoA after 15 years.
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Point out to her that creating a standard POA that allows you to act on her behalf, with her permission, will in no way interfere with Fate but may come in very handy e.g. allowing you to carry out errands that would be inconvenient or very difficult for her; so what has she got against it? Find out what her reservations are, and really listen.

Next, read up on POA, and don't tell your mother taratiddles e.g. that she can revoke it at any time. If it's the sort you need to get her into AL when she is still determined to wait at home for her prince - i.e. a springing durable one - she won't be able to revoke it once it's in effect and that's kind of the point of them: they're designed to protect people with advancing dementia from their own catastrophic decisions.
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Isthisrealyreal Apr 2022
Just an FYI, my state, Arizona, allows anyone that hasn't been declared incompetent by a judge the right to revoke POA any time they choose.

The only one that can not be revoked is a Durable Mental Health POA. It specifically states that it can not ever be revoked. So no surprises for anyone reading and signing one.
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Tell your Mom that if she doesn't do this the State will come in, married and with a tarot deck or not, and take over all her care and all her finances. Tell her they will place her in a nursing home wherever they want and whenever they want and that you as her daughter will not be able to protect her. Tell her that if this happens you won't even be able to visit.
If you want Assisted Living, yes, the condo would need to be sold. Nursing home would be cheaper, but not as nice, and her home could remain an asset until after her death when the state would try to do clawback to get the funds expended through medicaid.
You and Mom should see an elder law attorney. She is not diagnosed now, so this is the time.
If she won't cooperate at all,then when she IS diagnosed it is up to you if you believe you are CAPABLE and if you WANT and understand all that is entailed in being her conservator or guardian. That would be a court procedure. With an unwilling and uncooperative elder I myself would not take this on. It's difficult enough with a well organized and cooperative one.
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Sorry, but if she believes in Tarot cards giving her advice, she already can't make sound decisions. Honestly, it doesn't sound like much of a case other than "let the cards fall where they may." When she has an event and can no longer manage alone, you do what you can with the help of a social worker, just make sure she knows a stranger will not make the same decisions based on love, that you would.
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I only got my mums POA just before she declined with dementia and delirium and it has been a godsend as she has went right downhill and you need this for almost everything now like your mum mine was the same and said no all the time I said well if you take unwell and can’t manage they will put you in a home and you or I won’t have a say in it anymore and they will put you anywhere so that worked it’s a must that you get this done good luck
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