I have a Durable Power of Attorney signed by Mom and notarized. Now what do I do to make it official?
We had it taken care of couple days ago. Am I supposed to file it with the government? If so, is it Federal (hope not they're closed) or the State or the City?
Unless you are using the POA to transfer real estate (which requires you to record the POA at the local register of deeds office), you typically need to do nothing. If it is signed and notarized, then it IS official, and valid.
My mom and I live in Maine. Many years ago she did a DURABLE POA with me as her designee. She is now 86 and suffers from dementia. Who makes the decision that this POA goes into effect. In other words, who documents that she is no longer capable, mentally or physically.
Hi there, we did ours ourselves. We both signed it, then had it notarized and ours required 2 witnesses. (I'm in Florida). It becomes a legal document (so many people spend money for this, and you don't have to). We made plenty of copies and have used it at 2 banks and all of my mother's Dr's offices. It was accepted by social security and medicare, so I am able to talk with them to handle all of mom's affairs. You could go ahead and file it, if you think there is anyone in your family that may question it. Ours is 7 pages, and the local courthouse here charges 6.00 per page to record a document. So it isn't expensive. There is an article somewhere on here about doing your own DPOA, which it sounds like you already have it. Good Luck with everything!!!
Some states require or allow filing a copy as a public record. My state (Minnesota) does not, and it seems to me that Alaska does not. See this state website: http://courts.alaska.gov/shcpoa.htm
If you are not certain, try contact your state's Aging and Disability Resource Centers.
You are wise to want to be sure you are doing this important step correctly!
I have full POA and Medical ( new Maryland MOLST form) that a doctor must sign, this replaces or added to the DNR form ( do not resuscitate) I did not know I had to give a copy to banks etc. I just carry a copy in my purse at all times, along with a copy if the MOLST form, our POA was done by an attorney so I assume it is on record with the state. I am being brave and taking my husband to CA ( flying non stop) for a week to visit family, good thing I checked online as The Medical form from Maryland is not good in Cal. I had to download a POLST form (CA name for the new " healthcare" form. ) hell you need to be a scholar to stay ahead of this curve & this federal government does not make it easy!
I tried to use the POA at my father's bank but the bank also wanted a letter from his Dr stating he was not capable of managing his affairs or something to that effect. I thought the POA was the only document that was needed. What a pain! It's difficult enough!
In my state an additional document about my Dad's abilities is not required. The DPOA states that it is his wish that I take care of his financial and medical affairs. Also, filing with any government entity is not required. Those institutions with whom we do business need a copy of the DPOA, and that is all. I have a DNR and a Health Care Directive that were signed by my Dad, back when he understood what they said. I don't think the DNR and Directive are required, but I like having an official statement of my Dad's wishes as a back-up.
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I found one of the articles regarding this, and there are others in the same section.
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If you are not certain, try contact your state's Aging and Disability Resource Centers.
You are wise to want to be sure you are doing this important step correctly!
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