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Loyal2Mom Asked April 2019

I'm the POA for mom now that she is no longer able to make a decision. Can I ask the attorney to notify my sister (1st alternate)?

Mom has a springing POA which is now in effect as I have written documentation that she has Alzheimer's. Do I send a copy of the letter to the attorney? Can I request that the attorney notify my sister? I do not want to be the one to tell her since we are estranged due to the fact that she was financially abusing mom.

worriedinCali Apr 2019
Why does your sister need to be notified? If the POA is activated (and since no one here has seen it, we shouldn’t be saying that the ALZ diagnosis won’t spring the POA in to affect, because that diagnosis may have sprung it, it all depends how your mother had the POA written), then you are the current POA. Sister only needs to be notified when you either step down or become unable to act as POA.

Countrymouse Apr 2019
Take a copy of the springing POA, take a copy of the certification (in whatever form) of your mother's incapacity -

by the way. An Alzheimer's diagnosis in itself will not put the springing POA into effect - it's how far it's got that counts. Has her doctor formally stated that she is no longer mentally competent?

- put these in an envelope with a compliments slip and mail it registered post to your sister. Surely you can tolerate that much contact with her, no? - or, if you'd really rather, you can pay an attorney to do exactly the same thing.

If your sister's financial abuse of your mother was proved, I should have thought that would disqualify her from being your mother's 1st alternate POA (you can probably find this out online, or your lawyer can tell you). Or was it only suspected? This is a point to clear up, either way.

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JoAnn29 Apr 2019
Unless someone contests your POA, I don't see why you need to get the attorney involved. You could call his office, though, and ask if he needs the information for his files and does he need to "update" the POA in some way. Wouldn't hurt.

Making your sister aware? I would leave it alone if you are estranged. You are now overseeing her finances so you can make sure no money is going to her. If Mom doesn't live with you, remove her checkbooks and any other financial information from her home. Hopefully, you are already on her accts as a cosigner. Do not add as POA. I THINK if you do you may not be able to get to accts once she passes. Good question for the bank. If you are on her accts, I think the funds are urs at her passing. Check with the bank. I would also ask if only ur signature is OK. Would keep sister from forging Moms name.

Really, I never contacted my brothers to tell them my POA was now in effect. They both knew I was POA. If there was a law that siblings had to be notified when a POA was in effect, then a lot of posters to this forum wouldn't be asking "how do I find out if my sibliing has POA?"

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