If you have a POA might want to consider this.

Question

After dad passed at 94 we asked mom who was 92 to go to her lawyer and draft a POA for sister and i, 2 only children, allowing us to act separately on her behalf. Mom was totally with it and for next 2 years managed her own house, Financials etc without help.
Then she fell outside in winter on.porch,laid there for how long til neighbor saw here. Had her fractured hip pined. Then after rehab we got her into AL near dau gh ter. Since then her memory has become poor, executive function poor.
Wants to "hire a girl" and go back to house alone, 150 miles from family. Not gonna happen. When we went to use the POA to sell her house the buyers title company wanted proof
That she was competent when she signed it in 2012! Fortunately the drafting lawyer and h er doc were still around to provide affidavits. So...maybe you should get one when u do the POA. In some countries anyone over 85 needs a Drs note to be able to give POA. And btw banks have turned their nose up at the poa...too much trouble for them to vet it and cover their liability it seems! AND get this:drafting lawyer put an "X" wh er e it says we can act separately.
At last minute some perry mason said it should have been initialed not xd and made sister and I both attend settlement.

mcoggins · Accepted Answer

We assumed my Mother had a MPOA and it was my sister, Mother is no longer capeable of making decisions. How do I give my sister permission?

freqflyer · Answer

Same here, I never encountered any problems using the Power of Attorney that my 94 year old Dad had his Elder Law Attorney put together. I wonder if this varies from State to State? Dad's signature was a bit shaky, but that didn't matter.

As for real estate, the Elder Law Attorney had placed into the financial Power of Attorney document the address of the house that my Dad owned. The POA was accepted without question by the settlement attorney upon the closing of the house to the new owner.

Never had any issues with banks, either. Could be because I had my Dad with me when he wanted my name onto the bank accounts so I could sign checks when paying Dad's bills [Dad didn't want to fool with bill paying any more].

testdepth · Answer

Never had a problem with a Durable Power of Attorney.  I have dealt with banks, creditors and selling his home long distance and never had any problem.

Sharlee522 · Answer

That eases my mind. It's what I understood before, but after reading sad stories from others, I just had to ask.

mom2mom · Answer

Sharlee,

I am not a lawyer so take this for what it is worth.

If your life insurance policy pays to your estate, then creditors can collect from it but it a person is named, then it goes to them personally. Creditors cannot go after the executor personally so, I think that the life insurance money is safe from creditors.

Sharlee522 · Answer

Since I have no property or money to speak of, I wrote my own will following the guidelines given to me be my state. It is notorized. The executor of my will and my sole beneficiary on life insurance are the same person. Will he encounter any problems carrying out my wishes?

Sharlee522 · Answer

If you have no property, accounts, etc. but have bills when you die, is the life ins. beneficiary responsible for paying the bills? I don't want to do this to my beneficiary.

malloryg8r · Answer

My sibs are now raising questions about the caregivers I hired, while I was POA.  That is why I am having issues now, but the estate lawyer is working on getting their questions answered.

malloryg8r · Answer

Oh yes, I am Executor.  Yes the POA absolutely ends with death of principal.

GardenArtist · Answer

Good point Jeanne.   It's often so easy to forget that, as I do in thinking often how some of these posts relate to my own situation.

jeannegibbs · Answer

malloryg8r, the POA is not valid after the death of your parents in any case. POA validity would only be an issue if they were alive and you were acting on their behalf. I assume you have some other authority to sell their home now. Did you inherit it? Are you acting as executor?

GardenArtist · Answer

An "x" might indicate that someone wasn't capable of writing. That might be why the title company questioned it. I would too.

I've never heard of a competent attorney using an "x" instead of redrafting legal documents.

malloryg8r · Answer

This is troubling to hear this story, as my parents have both died and I am preparing their home for sale...I hope no.such questions arise!

If you have a POA might want to consider this.

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