Power of Attorney questions--anyone know?

[SSDonut]

Sadly, my mom has deteriorated mentally to the point where my brother and I feel we need to start totally overseeing her banking etc. (We've been making sure the bills are paid for a while now, but now we need to do more.)

I recently discovered (hadn't remembered doing it, but at the time I was pregnant with DD#2, so DH says my brain was shrunken ) that I have her Power of Attorney. Thank goodness, that step is already taken care of.

My question is: what do I do now? Do I need to go to a lawyer and find out how to get things transferred over to me, or can I just go to the various banks/institutions and they take care of it?

There are just so many logistics, it's overwhelming me--I thought maybe some Disers could give me some general advice to get me started.

Thanks!

 

[Pamlur]

I believe you can just go to the various banks. My mom had a sudden drop in sodium a month or so ago, and was very confused; I called for an ambulance to take her to the hospital, and I took along the power of attorney that I have on her. There were no questions asked, at all. We already had a checking account with my signature on it, so I didn't have to go to the bank, but if it is a financial power of attorney you should be fine.

 

[Imzadi]

You just go to the various institutions now and they make a copy of the POA for their records & files. Some places, like banks may make you fill out extra forms. If your mom is in a hospital, nursing home, etc., bring papers, receipts, etc., to help prove she is there and can't come in. Banks naturally want to make sure she really can't come in to transfer accounts and you aren't being underhanded and wiping out her accounts.

BTW, your brother can also be made a Power of Attorney, so if it really is too overwhelming for you to deal with on your own, he can step up to do some work. A lawyer would have to draw up the paperwork for that.

 

[Inigo]

BTW, your brother can also be made a Power of Attorney, so if it really is too overwhelming for you to deal with on your own, he can step up to do some work. A lawyer would have to draw up the paperwork for that.

Actually, no, the brother cannot be made a POA at this point. Mother has deteriorated mentally, according to the OP, and therefore probably isn't of sound mind to appoint anyone else as a POA. The only option, if the OP doesn't want the job, is for them to go to Court and someone else to get conservatorship over the mother.

A POA cannot name anyone else as POA.

 

[Imzadi]

Actually, no, the brother cannot be made a POA at this point. Mother has deteriorated mentally, according to the OP, and therefore probably isn't of sound mind to appoint anyone else as a POA. The only option, if the OP doesn't want the job, is for them to go to Court and someone else to get conservatorship over the mother.

A POA cannot name anyone else as POA.

That's too bad. It IS overwhelming to deal with all the paperwork and the emotional strain of a loved one who has deteriorated. Going in and dealing with it all is always a constant reminder of that.

 

[jillyb]

Maybe the brother is named as an alternate in case the OP is unable or unwilling to act as POA.

 

[momof1princess]

OP, if you have power of attorney, all you have to do is take it to her bank, doctors, etc., they will make copies for their files, and assist you with any paperwork that needs to be done. i have my mother's POA, and she recently had a nervous breakdown, so i know how you feel

 

[nskjerven]

I've been told that they are not able to use them in cases where one is drawing from an IRA account. (I have POA for my mom - who painfully makes the treak with me to the bank annualy for a draw on her account)

I've used it for everything else - other banking, sales of real estate etc...

 

[Disney27]

first le me say I am very sorry for what you are going through. Unfortunately as a nurse in case management and discharge planning at a 500 bed hospital, I see this all too much day in and day out.
First off you need to find out if you have medical, financial or both types of power of attorney's. If you only have medical you will probably need to get a lawyer to help with the financial piece of things. Medical POA only is for when a person can no longer say want they desire as far as medical care and the POA would make the medical decisions only while said person could not and is not binding over anything financial.I would start there and see exactly what you have agreed to. I would see if you can find any copy to anything you have signed. I am betting it is medical only as financial issues usually involve legal assistance. Unfortunately in the state of Illinois it takes a court to appoint someone ( can be a family member if one is willing) if the person is declared incompetent. I would definately consult an attorney familiar in this area.

 

[Mom3girls]

Just wanted to chime in and say we are in the same boat. FIL found out he had lung cancer at 87. My husband went down to FL to help out and FIL had my husband added to their bank accts. Thank goodness he did because he passed within 2 months. MIL has alzheimers and my husband just recently got POA over her. She has been paying for her house in FL that she hasnt seen in two years. We went down and cleaned it out to sell. Cant imagine this will be easy for you because it hasnt been for us, but you can pm if you'd like to talk. Best of luck.

 

[barkley]

you also have to look to what type of p.o.a. you have. that's to say-is it the type you can immediatly act on or is it the type where either you mom has to grant you the authority to use the p.o.a. or in the case of her incapacity, the incapacity has to be documented for you to use it.

i was p.o.a. for a friend, i could act on behalf no matter what (with or without his permission unless he revoked it-which i thought was very trusting on his part), dh was p.o.a. for his late mom-in her case he could only act with her expressed permission or with medical documentation that she was incapable of acting on her own behalf. 2 very different types of p.o.a's.

with the kind i had, financial institutions took a copy and had their legal department look at. once it was approved i could do the banking and such-just signed his checks with my name and the words "as p.o.a. for xxxx". with mil's dh was told by financial institutions that he would either need (1) notarized permission from his mother along with the p.o.a, or (2) notarized doctor's verification of incapacity along with the p.o.a. (and even then an individual financial institution might not accept).


just as a head's up for the (hopefully long time from now) future-a p.o.a. ends upon a person's death, and it can be very difficult handling a deceased parent's affairs unless certain things are set up ahead of time. things like utilities, insurance and cell phone companies are difficult to deal with unless you are listed as an authorized person to speak to/conduct buisness with. as a p.o.a. you can put yourself/your brother as authorized contacts on these. same goes for companies that handle pension plans. it can be of tremendous benefit to everyone concerned if when you begin to handle her financial affairs you begin to get things in order for whomever will have to take care of these issues. while a person can name an executor for a will, as we have found with dh's recent experience, if certain arrangements have not been made ahead of time it can be very costly and time consuming.

 

[taterules]

just as a head's up for the (hopefully long time from now) future-a p.o.a. ends upon a person's death, and it can be very difficult handling a deceased parent's affairs unless certain things are set up ahead of time. things like utilities, insurance and cell phone companies are difficult to deal with unless you are listed as an authorized person to speak to/conduct buisness with. as a p.o.a. you can put yourself/your brother as authorized contacts on these. same goes for companies that handle pension plans. it can be of tremendous benefit to everyone concerned if when you begin to handle her financial affairs you begin to get things in order for whomever will have to take care of these issues. while a person can name an executor for a will, as we have found with dh's recent experience, if certain arrangements have not been made ahead of time it can be very costly and time consuming.

So you found that setting yourself up as a contact using the POA ahead of time with utilities was easier than sending them a death certificate afterwards? Did you have to mail them proof of the POA before they would add you as a contact?

 

[PatsMom]

OP, assuming that you have a general durable power of attorney, you should do as suggested and deal individually with the institutions. You will need a medical power of attorney for the doctors probably. Most institutions will accept the power of attorney just by making a copy as long as it isn't a springing power. A springing power is one that becomes effective based on an event such as disability. Then the institutions are likely going to require that you have doctor's certifications of disability, etc.

The IRA accounts are usually the worst to deal with in terms of paperwork. Some institutions are better than others. You should also try to find out what your Mom has for other estate planning documents. If there is a will that names you as executor, then that is how you deal with the utilities and financial institutions after her death. (Which is hopefully not in the near future).

As already mentioned, the POA becomes useless at death. That is why it is important to know what the rest of the estate plan consists of.

 

[JessicaR]

I just have a question a little off topic -

Can someone make all their children power of attorney? Sort of a checks and balances system?

 

[*pixie*dust*]

Please keep in mind that POAs can vary greatly and each state has unique laws that govern those powers. What may be true in one state may not be true in another. Also, POA is only valid while the person is living.

 

[Inigo]

I just have a question a little off topic -

Can someone make all their children power of attorney? Sort of a checks and balances system?

Just beware that siblings that are ALL POA can turn into "squabblings" if they don't agree on how things should be done. IME, it's better to have one POA, with another as alternate just in case. Otherwise, sometimes there is too much distrust and fighting for multiple POAs to work together for the best.

 

[barkley]

So you found that setting yourself up as a contact using the POA ahead of time with utilities was easier than sending them a death certificate afterwards? Did you have to mail them proof of the POA before they would add you as a contact?

we did'nt set it up ahead of time-and i wish we had.

when mil was alive dh was able to talk to these providers (provided them with poa and it was no problem), but once mil passed since poa ends upon death we had to provide a copy of the will naming dh as the executor, and a copy of the death certificate which some providers were willing to accept but then there were others that wanted copies of "letters and testimentaries" which are documents that are only gotten (in his mom's former state) when an estate goes through probate which hers was not. we finaly got it straightened out, but it took much more time than it should have.

 

[PatsMom]

You can obtain letters testamentary even if there is no probate estate. But you shouldn't have to. It may not be the correct way to do it but the easiest way we found to deal with my father's utilities was for my brother to call and say he was Dad.

Even if you set up contact using the POA, if the utilities, etc are still in the deceased person's name, the POA ceases to work at death. But you can use the POA to switch them into your own name.