I got a POA form filled in and gave it to my lawyer to proceed with, then my mother became a bit more incapable. Any way I can fix this?

Oh shooby, I'm so sorry. Be good to yourself!

Thanks all for your kind concern i dont have to worry about the situation as my mum passed away 06.30am 19th july 😢💖

I have learned from other posts that you are in Scotland. So most of us here in the states across the pond have no idea what your laws and procedures are.

I have found it very helpful for all of my bills in Florida to be paid automatically. I check the list online at the beginning of the month and again make a weekly quick check. My sister, who is younger and will become my POA when needed, checks on that on line also, as I have her on all my banking accounts now. Once in a while I'll need to make an adjustment regarding to maximum to allow to be paid when fees go up, but that's not very often.

I'm hoping this will make it easier for her to manage bill payment when the time comes.

I also volunteer at a few assisted living facilities and see some residents having difficulty getting the cash they need. I think the ease of payment through paypal will make it easier to take care of Christmas presents etc. when I can no longer drive.

I don't know if this type of management is available to you, but I'd look into it.

And one more comment about whether it should be the doctor or the attorney in charge of the POA. Doctors manage health. Attorneys manage legal matters. Doctors aren't trained in law, though they have certainly been involved in these legal management issues when they know the time is right. And Attorneys are trained in the laws of your country. We wouldn't expect them to know when it's time for someone to manage your affairs for YOU. I think you need to see this as a venture where the MEDICAL meets the LEGAL somewhere along this adventure of life. There must be some point where the expertise of both meets in the middle.

Look, y'all! Scooby said he or she lives in SCOTLAND. Unless we have legal experience with POAs there, we have no clue how to help.
To be snarky, do I have to point out that Scotland is not in the US? Unless it's only the name of a town, and that seems unlikely.

I believe the short answer is that if the POA has language that specifies if and when a physician's signature is required, then you need to get it (the signature) in order for you as the Agent to gain control.

First, I couldn't tell by the question, but when you wrote that you "...got a POA form filled in..." did you mean that your Mother signed the form and that she did so with the proper witnesses? (Note: the witness process varies from state-to-state.)

If she did NOT sign it properly, then the POA is probably invalid, and you should consult with a lawyer on alternatives.

If she did sign it properly, then re-read the form looking for the language that determines when you, as the Agent, can take action.
I believe that in the California statutes, the language in the example Durable POA for FINANCES has pretty loose language on when the Agent can take control.

I recently made my Durable POA for HEALTHCARE so that there is language that specifies that my Attending Physician is to determine whether or not I can make my own decisions. At that point, my Agent could take control. I worked with my lawyer to develop clear language to communicate that these are my wishes. This language was above and beyond the example provided in the California statutes.

I am not an attorney. This is not legal advice.

I'm thinking these should be two different items. I used legal forms off internet and had her signing notarized by the notary at rehab facility she was in. I also videotaped it, just in case. Her bank wouldn't accept it so I had to take her down there to sign forms putting me on her acct. Then, I was able to pay bills. She was physically unable to take care of her needs, at the time, but not mentally. That came later.

I live in scotland and it was my lawyer who said i needed drs signature. My mother can still speak although slightly confused at times i just dont understand how lawyer can say i need this when our dr never mentioned that we would need his signature

Look on the signature page of the Durable Power of Attorney form. There should be some language telling you how/when the Power of Attorney becomes effective. I think a lot of people think that just having the form gives them the powers and it usually doesn't. It usually has language stating the circumstances under which the power of attorney becomes effective. You can't just walk into your parent's bank one day and have them honor your POA. You have to wait until your parent is legally incompetent.

We all sign these forms when we are perfectly capable of making decisions for ourselves. They are supposed to go into effect when you can't make your own decisions- not right away and not when the designated POA decides it should become effective.

I think lots of people are confused about this. People can still sign a POA after they have been diagnosed with dementia. (So your sibling could get your mom or dad to sign it over to them even with a diagnosis.) People with mild dementia can still be considered legally competent. If you want to start acting as the POA, you need to take steps to activate it. Until your POA is activated, your parent has the legal standing to make another decision on who should be POA.

Unfortunately, unless the POA was written as a Durable POA, state law may require one or more medical professionals to sign off that the principal has become incapacitated for the POA to take effect.

Am wondering if this lawyer specializes in elder care. I know of two situations mine included where lawyer just needed to know if party involved could basically agree to consent to POA. In my friends case her husband who had suffered a stroke had to consent to his wife agreeing to acting in his best interests. It took two tries as he was agitated at the first try but after discussions with his wife and children he was made to understand that his family loved him but needed the POA for financial needs to go forward with his future care.

We’re in Ohio and I didn’t need anything from the doctor either. As a matter of fact, I went through Legal Zoom to get my POA and never had an issue with it. Do you have a joint bank account with your mom? That was a Godsend when I had to take over my mom’s finances.

Must be a state thing. I was with Mom when she redid her will and both POAs. She needed nothing from the doctor.

The Power of Attorney we have says that the person must be declared to be incapable of making their own decisions by two doctors. Maybe yours has a requirement like that one? What is your mom's status? Is she still home? In care? Can she still speak?

If your mom has not been declared incompetent and is not in a residential care home, she might still be able to let you be an authorized person on her accounts so you can pay her bills. If she is in a residential situation- and especially if she's applying for or receiving Medicaid- you will need some guidance to know which money is available for paying bills and what bills can be paid.

If you give a little more information, people on this site can give you opinions. But the laws are different in each state for Medicaid so if she is or might be on Medicaid you are going to need legal advice from an Elder Care Lawyer.