This may seem like a kind of weird question, but I was wondering how necessary is it to complete POA paperwork. Like, what would be the downside of not completing it?
I do not have any siblings, so I would obviously be the only person making decisions for my mom when it comes down to it. I did contact an attorney just to get an idea of the cost and was told that the cost is $1,000. Which I would be paying for and really can't afford (at this time) with my own expenses.
My mom is aging and her only real asset is her home. So, I am just trying get clarity of going thru the process vs not going thru the process.
The second reason is to follow a paper trail with tbe 5 year lookback if it ever comes to it. It makes the process easier.
In the case of my mom who I tookcare of for 7 years and I was also executor, it only took a couple hours of my time to gater info. Within that time, I eas able to set up the process to get approved by probate right away
The same with a durable poa, which will allow you access to manage her financial affairs.
Does she have a will? It would be a good idea for her to spell out what assets she has which will go to you if she dies, to save trouble in probate.
You do not need to have an attorney create a power of attorney. You can find the forms online to download and print.
And, if she is currently of sound mind, she can go to the bank with you and have you added as a joint owner on accounts. That was what my mother did when she knew she had limited time due to terminal illness. I, too, was an only child, but I would have had much more trouble accessing her bank accounts and paying bills. I was able to do this seamlessly. During that time, her home had been demolished by two back-to-back hurricanes just weeks before she died.
I had to manage paying for services to her home before selling it, which took about 6 months. I would have been stressed out trying to deal with a bank long distance and proving I should have access to her funds.
Next of Kin means nothing to banks, insurance, pension fund companies, any Governement agency. They will not speak to you or release funds or information.
You can PAY Mom's bills, either from your account, joint account held with Mom or as an added signatory (if Mom added you as one). But you won't be able to CHANGE anything.
Having *POA* gives the legal authority.
Being Next of Kin may be enough to get a medical update in person, eg at the local Doctor or in an ER or hospital ward. But getting detailed medical information may be problematic.
Being a *Medical Decision Maker* means you have authority to make decisions for your Mom is she can't.
I am SO glad these documents were in place before the health crises that befell my family last year. It was the hardest situation - to act for, sign, pay etc. That was WITH the legal authority, WITH legally certified copies of these documents. It was & still is a totally torturous situation dealing with endless red tape & ignorant clerks.
Get the POA. Get Medical decision making too.
I showed the POA document when I enrolled my Mom into a Memory Care unit. I didn't officially have to invoke it, I just showed that I was the POA, so I signed all my Mom's forms to let her in.
...and in case you didn't know, POA is only valid while she is alive. After she passes, her will and trust, if she has one, will take over. I'm assuming she has a checking account or saving account that her social security check goes though. See if you can have her put your name (or a person whom she trusts) on that account. That way, should she pass or be incapacitated, you can still pay her bills with the money in that account.
As for finding a lawyer to draw up a POA, I would try googling for free lawyer help for the state that your Mom lives in. I know of several people who have used free services to draft straightforward documents that just need to be signed and notarized.
"No US state allows someone to legally manage a financial account for another person without a valid power of attorney (POA) or a court-appointed conservator. A POA is a legal document that grants specific powers to an agent to act on behalf of the principal (the person granting the power).Without this document, a person cannot legally access or manage a financial account belonging to another individual."
Source: AI browser search
Equitable and AmGen (annuities) needed my 96-yr old Mom on speaker phone with their agent answering her personal questions and granting me permission to listen in on the conversation and advocate for my Mom. This was before I had gone through submitting PoA paperwork to this entity.
FPoAs need to get this in place in advance because the process isn't overnight. In one case for me it took 2 weeks.
He was enjoying his beach life in a hot, exotic country, walking and swimming every day, meeting other expats for meals and drinks in the evening. A charmed life.
Until it wasn't.
After a few odd aches and pains and a couple of chest infections, he suddenly became paralysed. He had lung cancer that had spread to his bones, particularly the spine, and he was dying.
I couldn't organise POA quickly enough, especially as the paperwork needed to be done with a solicitor in the country he was in, and witnessed, then sent back to me in the UK. It couldn't be scanned and emailed: it had to be the original documents.
This was during Covid lockdowns, so by the time this was completed, he could have been dead. My fear was that he could die in extreme pain and without appropriate care.
I needed access to his money to pay his bills, as well as needing authority to deal with doctors on his behalf. Plus, he wanted to be brought back to the UK. He wanted to see me before he died. (I didn't have money for what was needed.)
It was an absolute nightmare organising all this without having the authority of a POA. I managed it, but it made me ill.
Having a POA wouldn't have made everything simple, but it would have been easier. I wouldn't have had institutions refusing to give me information or not allowing me to act on behalf of Roy.
It often felt like I was just banging my head against a brick wall. I had to get up at 2 am. to speak to people about my dad's situation, due to the time difference, then be ready to teach online by 9. Then, I had to juggle my job with speaking to the Foreign Office, or my dad's UK bank, or charities who had offices near where my dad was living.
A kind man from the Royal British Legion based in that country visited my dad in hospital as did someone from the British consulate. I am so very grateful for the kindness of strangers and the people who went out of their way to help me and my dad.
It would still have been difficult, but less of a nightmare if I'd had the authority of a POA.
theyve taken your rights away
the banks will freeze her accounts
be hell if you’ll get any money there
as for doctors etc
they may make decisions they want to
it is very important
in the U.K. you can do it yourself - so look for free legal to do it
Down load the form if you can?
when my father put me in his bank account as joint the bank manager said god forbid if anything happened to my dad it doesn’t matter I am joint account holder they will freeze the account
All a government money thing
look up free legal advice and ask them
Also morbid as it sounds try n get a will done
you might be able to do it yourself
best
I'd wished I'd got this done before my mum's dementia was too bad for her to make such a decision. However, although it wasn't easy, I did manage to make sure she mostly got the care she needed.
best of luck to you.
Basically it has to do with banking and such in a case such as yours.
POA is conferred by your loved one, so she must be in good condition to do this, able mentally to assign you as her POA. SHE is the one who pays for this, not you. It is her document for her protection.
Do look up POA for your state and learn the rights and obligations.
Even if your Mom made you joint on her account, she would still probably be considered the primary account holder. That's how it is at Wells Fargo, where my I'm joint on my Mom's checking and savings. I can't even download certain statements and tax documents because I'm "not the primary account holder".
My Mom's annuity companies have given me no end of headache because, even having the proper PoA paperwork, they still required me to send them an affidavit and notarized forms in addition to the PoA docs.
FYI my Mom is single and the only remaining out of her 7 other siblings, and I'm an only child. Yes, there are benefits to this situation but your Mom still needs to have her legal ducks in a row.
Even healthcare institutions differ from hospital to hospital, from clinic to clinic. I would never recommend foregoing a PoA. I was this past spring out of state advocating for my Aunt (and I was her medical and financial PoA). Even showing up in the ER with the paperwork in my hand, I had all I could do to get the medical staff to stop and pay attention to what my Aunt wrote as her wishes. They scrutinized my paperwork. Even as an adult child and next-of-kin to your Mom, the process, during a crisis, can be inconsistent and messy. You need the legal paperwork to back everything up and get people to follow wishes.