How does this impact my mother's credit cards where she has my name attached as an 'authorized' user? The bills go to her...she is the name on the account, but has given me a card with my name in order to obtain items of her choosing. Will her estate be responsible(which is only her home), will I be responsible...? I've been afraid to even address this as I've been busy caregiving.
Durable POA ONLY means that you may act on her behalf. You are in no way liable. When signing anything sign your name For her name. Example: Linda Gray For Margaret Gray
In the age of online banking, do we need POA? Mom lives with me, has her own account. Since I can pay things online as her, I don't need any special documentation to do so. Maybe it is different for those who have no "estate" or wealth, which is out situation.
mrjess5of RI, I'm the middle child of my mom and she has Alzhimers and Dementure neither my brother or sister come to visit our mom and when we had our wills written up in 2005 my mom appointed me as her POA because we live together and I have taken care of her since she was diagnoised to have this dreadful desase 3 years ago and I try my best to meet all of her needs finacaly and medicaly. And I would do it again in a HEART BEAT.
babycakes - 93 yr old DPOA for your dad? well that is different. I'd suggest that perhaps you or if your dad has a sibling that they take over as DPOA. I'm sure there are many capable folks out there in their 90's but reality is the 93 yr old will need their own DPOA, MPOA soon. But back to your ?, the POA is responsible for managing their finances in an appropriate manner, paying bills as their finances allows and also challenging bills if need be but not personally responsible for their debts. The problem often comes up in that the POA will do the paperwork for somebody - like sign them into the hospital or rehab facility,etc and the DPOA will sign their own name on the paperwork - and by doing that signs off that they are fiancially responsible for any and all charges incurred at the facility.
When you die, your debts die with you. Now in some states when you go through probate, the end of life health care debts can be debts against the estate. Some states have limits on this, like the last year or last 6 months, while other states have the amount capped at a set $$ figure. The executor has to sign off that they do or don't know of any debts against the estate. Probate is usually pretty routine and if there isn't any real assets, the debts have no standing and are discharged.
Tatiana, If your Mom already has a bank acount, you just take the POA document to the bank, and they re-register the account to show HER NAME, YOUR NAME AS 'POA'. Then you can sign checks on her behalf or set up automatic bill paying if you wish. It is always her money, not yours, so you cannot set up anything in your name alone. If she does NOT have a checking account, then you do the same thing. Go to the bank and set up an account in HER NAME, YOUR NAME AS 'POA'.
No, you are never responsible for your parents debts as long as the debt is completely their own.
I will suggest that if you need to sign any kind of papers, like for selling their real estate, investments, hospital or nursing home admissions, etc. that you sign it: "XXX as DPOA for YYY". That way there is no way the debt can be assigned to you. Also if you're selling property and have to do the "condition of property" form, if you do it that way and there is an issue later with the condition of the house and the buyer claims you or your mom knew and hid it, it keeps it from being a problem.
You might also want to get a separate MPOA medical power of attorney and incapacity statement done (that she wants you to assume guardianship/convervatorship for her if she becomes incapacitated). The elder care attorney will have these done easily for you. If mom has any assets in more than 1 state, let the attorney know as there may be a separate form that is slightly different for the other state for the DPOA and others.
1. resign your POA and leave your argumentative siblings to deal with your mother. 2. use your POA as the basis of your authority to make decisions on your mother's behalf where increasingly she is not able to do so herself, sending each of your siblings a copy to make them aware of your legal authority - given to you by your mother - to do this. 3. meanwhile, address their concerns, distinguishing between those which are legitimate and those which are vexatious, mischievous or self-serving. What are their various problems?
While that is right Church you are responsible while POA for ensuring any money spent is in HER best interests which is why today after lots of arguing I am going to get HER new car for ME to drive HER everywhere SHE NEEDS to go
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Example: Linda Gray For Margaret Gray
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When you die, your debts die with you. Now in some states when you go through probate, the end of life health care debts can be debts against the estate. Some states have limits on this, like the last year or last 6 months, while other states have the amount capped at a set $$ figure. The executor has to sign off that they do or don't know of any debts against the estate. Probate is usually pretty routine and if there isn't any real assets, the debts have no standing and are discharged.
I will suggest that if you need to sign any kind of papers, like for selling their real estate, investments, hospital or nursing home admissions, etc. that you sign it: "XXX as DPOA for YYY".
That way there is no way the debt can be assigned to you. Also if you're selling property and have to do the "condition of property" form, if you do it that way and there is an issue later with the condition of the house and the buyer claims you or your mom knew and hid it, it keeps it from being a problem.
You might also want to get a separate MPOA medical power of attorney and incapacity statement done (that she wants you to assume guardianship/convervatorship for her if she becomes incapacitated). The elder care attorney will have these done easily for you. If mom has any assets in more than 1 state, let the attorney know as there may be a separate form that is slightly different for the other state for the DPOA and others.
1. resign your POA and leave your argumentative siblings to deal with your mother.
2. use your POA as the basis of your authority to make decisions on your mother's behalf where increasingly she is not able to do so herself, sending each of your siblings a copy to make them aware of your legal authority - given to you by your mother - to do this.
3. meanwhile, address their concerns, distinguishing between those which are legitimate and those which are vexatious, mischievous or self-serving. What are their various problems?
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