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rhonda368 Asked August 2019

Isn’t a Durable Power of Attorney for health and HIPAA and a POA for financial two separate documents?

It is getting close to time that my brother and I have to get our mother’s financial affairs together. She has been living in an Assisted Living facility for almost 2 years, but because of declining health may be moving to a Nursing Home fairly soon. She also has brief episodes of confusion occasionally. She has a Durable Power of Attorney for Health and HIPAA. My brother insists that this is all we need, but I am pretty sure we need a separate Power of Attorney for Financial. I am only a signer on her bank account but it is not a joint account. She also already has an Advanced Directive. If her confusion gets worse, there are going to be issues regarding finances. Could someone give me clear advice on this?

rhonda368 Aug 2019
The part that confuses me is that the title states “Durable Power of Attorney for Healthcare”

AlvaDeer Aug 2019
Absolutely agree with Winterbourne. It is a seperate document and better done with a lawyer. If your Aunt is so far into dementia that she doesn't understand what she is doing it becomes much more complicated. However, if she is well enough to tell the lawyer that she fully recognizes that she is giving you control over her finances, she may be able to sign. The lawyer will come to her and interview her. This should be, in my humble opinion, one person serving. The last thing you need is argument about paying for something ongoing. Do know that this is not easy and is not simple. This puts you in charge basically of her finances, her bills, and records, her taxes and it must be meticulously accounted for as it can be called before the court to account at any time by an "interested" party.

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Winterbourne1 Aug 2019
I was a paralegal for 45 years and worked in the fields of corporate, family, elder and real estate law. Yes a financial power of attorney is a separate document but it would be best if you look for an attorney specializing in elder law. Before I retired, you needed to do eat all of your property five years before going into a nursing home as your assets would go toward paying for your care. Your loved ones situation is unique to her. If dementia is getting to be an issue you can get a Guardianship as well to protect her interests. It may be too late to do anything with the five year rule or the law may have changed but a lawyer knowing all the facts will help you protect your mother's interests. She is lucky to have you!

97yroldmom Aug 2019
Always start with reading the document you have. A POA can be limited or broad in scope. If it’s been several years you might want to see if it needs updating as laws do change. Banks can be difficult and not all accept the POA you have. If the bank account is the only one your mom has and you can write checks off of it, then you may not need the POA. There are DPOAs that cover both medical and financial and there are those that cover these issues separately. Also you will want to make sure that either of you can make decisions without the other or that one has the responsibility and if anything happens to that one, the other will follow.
If your mom has plenty of money for private pay, then again, may not need an attorney, but it’s a great feeling to go to a certified elder attorney and have them look over mom’s current paperwork and know all is well and you are in good shape if and when Medicaid is needed. Mom’s funds should pay for the attorney.

Baldguy95762 Aug 2019
I'm in CA and have both Durable Power of Attorney docs for health and financial. They are separate documents.

Countrymouse Aug 2019
I typed a reply, and then thought I'd better check your profile, and...

It seems that Alabama may be different! :)

I found this:

"Use the Alabama Power of Attorney document if:
You wish to give someone broad authorization to act for you if you are absent or incapable.
You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.
You may designate the Power of Attorney as "general," granting broad powers to control your financial, health, legal, and other matters, or "special," granting power for only specific situations.

The Alabama Power of Attorney is specific to the laws of the state of Alabama and should be created by residents of Alabama and signed in front of a Alabama notary public."

I think the best thing to do is read the DPOA you have really thoroughly and check it's covered all your bases. Did your mother appoint your brother only, or both of you?
rhonda368 Aug 2019
I’m the primary POA and my brother is secondary if I’m not able to or not available.

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