I am my mother's POA of medical. I am looking for guidance to see which paperwork would be needed in case she gets where she can't take care of anything.
I know there's POA of medical and financial. But is there a document you can get to handle both medical and financial?
I am on all of my mother's accounts including bank. It reads her name and my name. The house was put in my name and my sisters name besides her and this was done by a lawyer. He told us if we ever get sued to get our name off the deed.
What my mother wants is to have myself and my sister on the document so if I can't handle it my sister can.
The family dynamics is 3 children. I am the oldest then my brother then my sister. My mother has a will where my brother gets nothing because of drugs. I am the executor of the will and know my mother's wishes she wants everything divided equal which I will honor. But need a document where he can't break.
Thank you for any help.
A Power of Attorney (POA) is a legal document that grants the authority to make decisions and agreements for another person. The person granting the power (your mother in this situation) would be the “principal”, and the person given this authority (you) would be the “agent.” Many POAs also designate a “successor agent”—someone who can step in if the original agent is unable or unwilling to serve.
There are two general types of POAs:
Healthcare Power of Attorney (Medical POA): Allows an agent to make medical decisions on behalf of the principal.
Financial Power of Attorney: Grants the agent authority to handle financial matters, such as managing bank accounts, paying bills, or handling property.
Typically, these are separate documents, but it may be worth asking an attorney if your state has a version that combines them or streamlines decision-making.
There are also different types of POAs based on when and how they take effect:
Durable POA: Remains in effect if the principal becomes incapacitated.
Springing POA: Only becomes effective when the principal is deemed incapacitated.
Since your mother wants to ensure both you and your sister are on the document in case you’re unavailable, she should consult with an elder law attorney to make sure the agent and successor agent designations align with her wishes.
Additionally, your mother’s will and the way her home is titled could be worth reviewing with an elder law attorney. Since you mentioned the house was placed in your and your sister’s names (along with your mother’s), and that a lawyer advised removing names in case of a lawsuit, it may be wise to seek a second opinion. Property titling can affect inheritance, taxes, and legal liability, so it’s worth ensuring that it’s structured properly.
You also mentioned that your mother’s will excludes your brother. Since wills can sometimes be contested, it’s especially important that she retain an elder law attorney who can advise her how to structure her will or whether she should consider other estate-planning tools (such as a living trust or payable-on-death (POD) designations).
If you are on your mother’s accounts, it’s important to note the difference between being a joint account owner versus having POA authority over the account:
Joint account ownership usually means you legally co-own the funds in the account. This can also affect how the funds are inherited.
POA authority allows you to manage the account on her behalf but doesn’t give you ownership of the funds.
If your mother wants to ensure smooth financial management in the future, it may be worth reviewing with her how she wants the accounts set up.
This is a lot to navigate, and it’s great that you’re thinking about these things now. The best step forward is to work with an elder law attorney who represents your mother to ensure everything is structured according to her wishes.
I hope this information helps provide some starting points for your research. It took me years to figure out how to help my family with these issues, so just take it one step at a time!
There is no document that can stop anyone from trying to cause problems after death or even before. You can only do what the law requires for things to turn out the way you want.
This is really attorney work, imo.
This is legal advice and it is CRUCIAL you get this right.
You are currently on your mother's accounts as the co-owner. While many here actually suggest this, as do banks, it is really the WRONG way legally to go about this.
A good POA if your mother is still CAPABLE and mentally stable, able to confer this, is done in the attorney office by an attorney. It includes legal and medical. There shouldn't be a legal and a medical separately. And they should be the same person.
An advance directive should do be done.
You should take in such legal papers as a deed.
If you are in-home, hands-on caregiver you should have a contract of care for shared living expenses.
You need to know how to keep meticulous records and you need to know your obligations, duties and rights.
Accounts should be with you as signee as POA and you need to learn how to sign as POA.
So this is a long learning process that isn't for a Forum to advise you on, but an attorney, and sure do wish you the best. I remember being at the beginning of all this five years ago, and it is a STEEP learning curve and that for one year at least for you to get organized and registered with all entities.
You also need to know if you at some point should be representative Payee, another set of hoops to jump through. You'll get good at it.