Power of Attorney

[Robinrs]

Does anyone know the process to become the POA for someone?

Since my aunt passed I've become my uncle's caregiver. I was told by his insurance company I need the POA to get information on the policy. My aunt was paying an exhorbitant amount for his insurance and I'd like to do some price shopping.

Do I necessarily NEED a lawyer. I've heard yes and no. Any help I'd appreciate.

 

[mickeysaver]

My partner just printed off forms from the internet last night and took her terminally ill mother to the bank today to have the paperwork signed and notorized.

 

[Lisa loves Pooh]

A POA can typically be done for anything. It requires a typed letter/form (cannot have fill in the blank completed in handwriting) and requires both parties to present themselves to a notary to validate your identity and notarized the form. A photo ID is required.I had a POA done so that my husband could close on our house without me being present. The form was provided by our bank.

I have completed a medical POA for my children when left with a caregiver for the weekend while I was out of state. That just required my ID as my children were minors.

As for the particular needs of your uncle--you may wish to consult an attorney over types of forms and such.

Depending on your uncle's state of mind and ability to grant permission, the attorney can make sure the POA is drawn properly so that you do not run into issues. He is the one that must grant permission and if he cannot, that is where the lawyer will assist you.

 

[pixie dust 112]

The requirements depend on your state's laws.

 

[ginna74]

I have POA for hubby. Now Our process might be different because he was deploying and we got it done through the military. He signed a piece of paper as did I and it was notarized and walla I have the power to sign for him.

 

[My sister's princess]

I have POA for hubby. Now Our process might be different because he was deploying and we got it done through the military. He signed a piece of paper as did I and it was notarized and walla I have the power to sign for him.

I don't think I even had to sign ours.....

It was really simple though. I think when it comes to POA the military has it down pat

 

[golfgal]

Is your uncle capable of turning over POA to you? He has to understand the process. Does he have a social worker? It might be in his and your best interest to get legal guardianship of him so you can do more for him legally.

 

[Robinrs]

Sounds simple enough. I checked "Legalzoom" and they wanted $19.95... my co worker told me it was just the cost of a notary if any.

 

[allison443]

In my state there is a durable power of attorney, which lasts indefinitely, and a limited power of attorney, which is limited to something like a real estate closing-a one time thing.

Maybe you should consider a health care POA as well.

 

[Imzadi]

I would think, since your uncle may not be mentally capable of appointing you Power of Attorney, you may have to get an attorney. It is for your protection as well as his. Some relative may challenge you on decisions you make later, especially any financial ones. Families can get wacky at times. What costs you more now, may save you real headaches later.

 

[golfgal]

I would think, since your uncle may not be mentally capable of appointing you Power of Attorney, you may have to get an attorney. It is for your protection as well as his. Some relative may challenge you on decisions you make later, especially any financial ones. Families can get wacky at times. What costs you more now, may save you real headaches later.

And not just your family, the state could go after you if they think you didn't make wise choices with his finances, etc.

 

[Imzadi]

And not just your family, the state could go after you if they think you didn't make wise choices with his finances, etc.

True. Robin, you have to keep receipts and make records of all you spend on him. If he's getting Social Security benefits or disability benefits of some kind, the state may want to make sure you are spending it all on him, and not misapporpriately funneling the money elsewhere. You have to account for all that money. Even if your uncle prefers cheapo t-shirts from K-Mart, and you aren't purposely skimping on his clothes, you have to show the money is going elsewhere.

 

[ksjayhawks]

I would probably go to an eldercare attorney and have him/her draw up a POA and a medical POA. You don't want any problems later on.

I would keep a file with receipts for anything that his money is spent on, corresponden, bills, etc.

 

[bumbershoot]

Sounds simple enough. I checked "Legalzoom" and they wanted $19.95... my co worker told me it was just the cost of a notary if any.

If you can go that easy route, most banks have notaries on staff, and they don't usually charge for their services.

 

[barkley]

The requirements depend on your state's laws.

very true-and in some, the person being granted poa does not need to be present when the document is created (we did'nt even know one had been created and filed with certain companies/institutions by mil naming dh until several years after the fact).

in addition to finding out the specific laws for the state, it's a good idea to find out if a particular company or agency has their own version of that state's legal form. i say this b/c we learned that in the case of mil's former state pensioning agency (which also administered her health care insurance)-submitting even the most legaly correct poa could take up to 6 months to wind it's way through their legal department to get formal approval, whereas if you used their downloadable form and completed it-it cut the time down to 45 days for approval.

 

[Luvchefmic]

Robin I too am advising an elder care attorney for this. My cousin and my aunt just did this recently. They called the bar association for their state and got a list of lawyers expert in this area. It shouldn't cost much it was sliding scale based on aunts finances.

 

[Robinrs]

Thanks for all the great advice, everyone.

I'm aware of the Soc Sec representative payee responsibility because my son received disability thru his Dad. He will have a separate account so I can keep up with where the money is going. It's not much but it's all his and like my Mom and aunt did before me I'll make sure it's used for HIM only.

He's been with us for 2 weeks now and has gotten into a routine. What a great guy! Hopefully he will stay as spry and healthy as he is now for years now. He's the last of a long line of awesome siblings (14 of them, my Dad was the oldest and the aunt that we lost on the 16th was the youngest) so everyone feels responsible for him.

The only thing I have to watch is that he does TOO MUCH! He has to have a chore to do a day and he works so hard to get it perfect. Yesterday it was my BBQ grill, this weekend it was my CAR... you can now see your reflection in them!! Wow!

Thanks again!