What to do if you and younger sibling had POA for our mother, but now told it expired? She is still alive.
She had 2 strokes she is aware sometimes but confused due to dementia. She is not getting her retirement benefits because she is not able to sign document stating she is alive. What do I do?
Yes, as Gardian Artist said, there are POAs that are limited to a certain purpose.
A Durable Power of Attorney has no expiration date. It does stop at time of death. Then the Executor/Adminstor for the estate/will takes over.
There are 2 types of DPOA . One immediate meaning it starts at the moment it is signed. The other Springing which takes effect when the person can no longer make informed decisions.
If the DPOA is old, then you may have to update it with a Drs. letter saying the DPOA is still in effect because the principle is incompetent. Like Ann did.
I take my POA and a letter from my LO’s psychiatric practice stating that she is no longer capable of managing her personal affairs.
At one bank in which she had funds, an officer drafted a form that her POA was still in effect. I now carry that, fastened to my POA, and present that as well.
I paid about $300 of her funds to get the psychiatric statement, which was drafted at LO’s Memory Care facility.
The only POAs with which I'm familiar that have expiration dates are ones for specific and limited circumstances and durations, such as one to allow someone to sign on behalf of another for legal purposes.
Selling a house is one example; a seller moved the family out of state before closing occurred, but created a Limited Power of Attorney for a friend to sign so that the sale could be legally closed.
You need to see the actual document to determine what the "expiration" is. Other than a few family members, I would not rely on someone else's interpretation of any document, including one with an alleged expiration.
Since you were named a proxy, don't you have a copy? That would be my first step, before trying to figure out how to act or proceed.
POAs don't typically expire. You should try to get a copy of the document to see exactly what it states. POAs can be revoked or changed in which case there would be a newer signed POA designating another individual as POA.
You should find out what type of Power of Atty it is. If it's Durable Power of Atty, it takes effect immediately while the person is alive. This is what you need to deal with the retirement benefits. I had to contact the former employer's benefits program, complete their POA form and attach the notarized and signed DPOA document I had.
Once completed, I signed all documents as my name with (DPOA) following.
With other service providers, all I had to do was provide a copy of the DPOA document that they would keep on file and I could sign the same way on future docs.
Not all DPOA are immediate. My Moms was a "springing" one. It took effect when she no longer could make decisions for herself. My nephews is "immediate" meaning I could oversee his money from that point on.
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A Durable Power of Attorney has no expiration date. It does stop at time of death. Then the Executor/Adminstor for the estate/will takes over.
There are 2 types of DPOA . One immediate meaning it starts at the moment it is signed. The other Springing which takes effect when the person can no longer make informed decisions.
If the DPOA is old, then you may have to update it with a Drs. letter saying the DPOA is still in effect because the principle is incompetent. Like Ann did.
At one bank in which she had funds, an officer drafted a form that her POA was still in effect. I now carry that, fastened to my POA, and present that as well.
I paid about $300 of her funds to get the psychiatric statement, which was drafted at LO’s Memory Care facility.
It has been worth its weight in gold.
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Selling a house is one example; a seller moved the family out of state before closing occurred, but created a Limited Power of Attorney for a friend to sign so that the sale could be legally closed.
You need to see the actual document to determine what the "expiration" is. Other than a few family members, I would not rely on someone else's interpretation of any document, including one with an alleged expiration.
Since you were named a proxy, don't you have a copy? That would be my first step, before trying to figure out how to act or proceed.
You should find out what type of Power of Atty it is. If it's Durable Power of Atty, it takes effect immediately while the person is alive. This is what you need to deal with the retirement benefits. I had to contact the former employer's benefits program, complete their POA form and attach the notarized and signed DPOA document I had.
Once completed, I signed all documents as my name with (DPOA) following.
With other service providers, all I had to do was provide a copy of the DPOA document that they would keep on file and I could sign the same way on future docs.
Hope this helps.