Follow
Share
I think the only thing to add to this is that the POA document must be notarized by a notary public when the elder provides a VALID photo ID. I state valid because my mother had let her for-id-purposes-only motor vehicle administration ID lapse/or it was not in date. She got lucky when the notary public used her COB (Commissioner of the Blind) photo ID. Also file a copy of the POA doc with the elder's doctor.
Helpful Answer (0)
Reply to Llamalover47
Report

The IRS also requires a separate POA for taxes that has to be renewed periodically. They will accept an "x" for a signature on the POA form, but it's obviously better to get one signed before it is difficult to get a signature.
Helpful Answer (0)
Reply to caroli1
Report

In AZ there is also a Durable Mental Health POA, this is non revocable as it covers mental illness and im sure it has been discovered that people in the middle of a mental issue often change their minds and refuse service.

Rebecca gave the clearest explanations, general POA becomes invalid if your LO develops dementia or has a stroke or brain bleed (incapacitated), just when you need it most it is no good. Get Durable POAs whenever you can.
Helpful Answer (1)
Reply to Isthisrealyreal
Report

jbcylnc you are correct about SSA not accepting a POA. They require a special consent be placed on file with them for these purposes. It must be done while the person for whom it is needed is still able to grant consent. It really makes a mess for anyone with the POA trying to handle affairs and the consent wasn't granted in advance. I found out the hard way.
Helpful Answer (2)
Reply to Nancynurse
Report
kimsgoneinsane Jul 22, 2018
in what ways does it make a mess?
(0)
Report
The basic between a general and a durable is that a durable remains effective even when the one giving the authority become mentally incompetent. The general or durable may be for any area i.e medical or financial.

The Medical POA may be of durable or general nature but gives authority only for medical issues. Sometimes there are specific types of Medical POAs such as giving full authority to make choices or only in regard to life support and feeding tubes.
Helpful Answer (2)
Reply to ElderGuide
Report

Social Security does not recognize ANY poa paperwork!!! Just a FYI
Helpful Answer (0)
Reply to jbclync
Report

In some states there is also a Mental Health POA for all types of mental health issues including dementia.

Also know that there is a difference between Durable POA and a Springing POA. A SPOA only kicks into effect when the issue described in the document happens. Life if a person becomes incapacitated.
Helpful Answer (3)
Reply to jjariz
Report

A durable POA is a financial power of attorney that has a provision that states that the document will remain valid and in effect if the principal (the person granting the POA) becomes incapacitated and unable to make their own decisions. If it doesn't contain that provision of durability, it will end when the person is deemed incapacitated. In my legal work at a financial company, 99% of the POAs are durable POAs.

A medical POA is a power of attorney that allows someone to make health decisions on your behalf if you are unable to do so. It does not permit anyone to make financial decisions on your behalf. However, some durable POAs may contain authority to make medical decisions in addition to financial transactions. Others make two separate documents.

A general POA - At my job, some people call a non-statutory financial POA a "general POA", but others (including myself) call a POA without a durability provision a general POA.

Not sure if that helps - I look at POAs several times a day at work (I'm in legal) and train other employees as to how to read a POA. Sometimes, the durable/general/statutory/non-statutory/limited POAs can get a bit confusing.  As I tell people during training, the title of the document helps, but read the POA to discover what kind of POA it really is!
Helpful Answer (13)
Reply to RebeccaCP
Report

Subscribe to
Our Newsletter