My mother has given me a durable power of attorney and advanced health directive that was effective immediately starting 10 years ago.
She was diagnosed with a dementia 3 years ago but was doing well in her home.
Lately she exhibited issues with handling finances. We already pay all her bills but she still can access her money. a week ago she closed her checking account that is used for SS checks so now she is not getting checks and refuses to open another account.
SS tells us we need a form from her doctor stating that she is no longer capable of handling her financial affairs. But she refuses to see psychologist as she remembers last time she did not do well.
We don't want to go for conservancy as we have durable POA , but we need to cut her access to her finance so that she does not become brooke
Any suggesitons ?
15 Answers
Helpful Newest
First Oldest
First
Good caregivers can run into barriers that are frustrating - even infuriating. I hope that you can get this straightened out soon.
Carol
Is the POA a standing POA? Or a spinging POA? The springing requires that some sort of incapacity be determined many times by two doctors that will document the reason she cannot handle her own affairs. If the POA is standing it does not require determination of capacity. Yes, laws about POA differ from state to state. Was the POA prepared by an attorney? If so, call that attorney to determine what is necessary in your state. Hopefully that attorney specializes in elder law. Mom's money should pay for that. If you think dementia is an issue it is very important that legal affairs are in order now. Sounds as if Mom is competent enough to be able to determine how ahe wants her affairs put in order. Do this asap, you will be glad you did. Then find out what your responsibilites are as POA. Not at all an easy job.
ADVERTISEMENT
I would suggest taking the POA to the bank and sharing the situation with a manager of your branch. Once the legal department of the bank approves the POA (in our state we don't needs to prove lack of competency in our state) you should be able to manage the money. The legal department approval usually takes 2 -3 weeks. A recently signed POA is easier to get approval. We will move large sums of money into another account and put an acceptable amount of money in the account that people can spend. If people have a cognitive decline they usually don't recognize that the funds are limited.
Never trust the MD office to get the paperwork done right.
See All Answers