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Topic Power of Attorney Go to previous topic Go to next topic Go to higher level

By Tara On 2009.01.05 08:10
Is this necessary? And if so, how do I go about getting one? Thanks for any info.

By walkinthewoods On 2009.01.05 09:22
Hello Tara,

Welcome to the forum, I am one of the many caregivers that has found this forum a breath of fresh air. Truly a place where you feel that there is hope.

I am the Power of Attorney for my 67 yr old FIL that has PD. My husband and family have moved in with my FIL approx. 2 years ago to aid him with his needs. At that time, we contacted the attorney and made some modifications to his will and named me his durable POA. There are two different types of POA. I have been given durable POA which means I can help with everything from medical decisions and financial. The other type of POA, I believe is only for medical purposes. After noticing a lack of ability to manage is bills, money, and his forgetfulness I contacted the attorney to find out what I can do as POA.

His explanation to me was that a Power of Attorney really means "nothing" until the patient has been declared by a medical doctor that he/she is unable to act for themselves. Upon that time, a petition would have to be made to the courts to be granted a guardian of the patient and than you (as POA) can start acting on behalf of the patient. Until then, I legally can only suggest and help when asked by my FIL. Having the POA paperwork has helped me in talking with the creditor's regarding my FIL's accounts but that's really all I can do, legally. Now I live in Ohio and I am not sure if the laws are the same for every state. The best advice is to contact an attorney and find out what your options are in the state for which you live.

Hope this helps,
Tammy

By bandido1 On 2009.01.05 14:11
Tara: The answer you got from witw was essentially correct. In most all states a medical certification of incapacity or incompetence is required. In instances involving resistance to the power the courts may have to agree to either a guardianship or connservatorship of the person and/or their estate. I would recommend you seek an estate planning attorney. Bob C

By Tara On 2009.01.05 23:21
Thanks, Tammy and Bob. I find that what makes me feel better most of all is knowing that I have some control over this situation. It's nasty work (in fact, I put all this information into what I've labeled the "Nasty File"), but it gives me a tremendous sense of relief. I will contact an estate attorney.


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