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I was both parents' Healthcare proxy and Caregiver for 5 years .. only now learning about DPOA document. I am so misinformed... But I've already been acting as parents' financial person since the beginning, no one asked me for power of attorney proof of whether I am their POA or not. I simple tell them I'm calling and translate on behalf of them and they continue talking to me. Or they ask if parents are in the room to give permission for the rep to talk to me and then we go on about our day. So did I violate any laws...? what should I know now about DPOA? Will any of the responsibilities clash with the other 2? Will the other 2 clash with DPOA rights? Do I need to update the caregiver agreement with anything?

If your parents are mentally competent, you have done the right thing - been their advocate with their permission in their presence. If your parents are no longer mentally competent, then you will be able to use the legal rights outlined in the documents you have - to act on their behalf. Let a local lawyer look at your documents to answer your questions about how your documents work together - and if local law requires any other documents. You might wish to have your parents make wills since only the executor of each one's will has the right to settle their estate - DPOA and health care proxy will be void upon each one's death.
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Reply to Taarna
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See an attorney.
Do not rely on us to answer questions about you violating any law.
We are not attorneys here and even if someone(s) is, you need to discuss your specific situation with a professional. Seek legal counsel.

Yes you are or may be ill informed or mis-informed.
If you are not able to understand the legal responsibilities you take on, consider that perhaps another person needs to take this on.

Gena / Touch Matters
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Reply to TouchMatters
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I never had any conflicts of interest. 1. Make decisions that are in the best interest of your parents, 2. If they were in their best frame of mind, how would they have wanted something handled. If you determine that something is in their best interests, but differs from how they would have decided, I would always go with what was best by my best judgment. Best wishes as you navigate this part of life
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Reply to MaryNTN
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Not every POA required a Dr sign off, read yours and see what it says. I was my parents POA for about 30 years and it was effective once signed, luckily they must have trusted me,, LOL. And my DD just got all her paperwork done at 36 as she just had a baby. It is immediate, as in I could sell her properties out from under her if I decided to, Again we all trust each other. Hubs and my POAs read the same way. Is this normal? I don;t know but I know alot of people who set it up this way. There does need to be alot of trust this way, but it works for us. It is usefull in those cases where the parent/ spouse/family member is making bad choices but not diagnosed.
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Reply to pamzimmrrt
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Your first step is to go online and look up DPOA for your state. Read all that you can find. This is a huge job, and one in which you will be responsible to keep meticulous records and files for every penny into and out of your parents accounts. There is no way that we can give you the skivvy here. But you can go up to the timeline (blue) at top of site and look at the little magnifying glass. By clicking on this and typing POA into the search window you will get a whole lot of information on being POA.

As to whether you have currently violated laws? No, of course not if you are acting as interpretor and helping parent on the phone with entities out there.

Lastly, your POA pays for you to make use of "experts" needed in doing your fiduciary legal duty to your parents. You will need to get educated. This is a LEGAL RESPONSIBILITY held to the highest standards. See an Elder law attorney. The POA pays for this. Make a list of questions and ask for a one hour consult on how to do POA duties. Then decide if that is within your capabilities; it is a HARD job.

All of your questions require expert advice, not the collective opinions of a bunch of strangers on social media. So see an attorney. You will have a much more clear understanding of POA, what it is, how to do it. And an answer to your questions.

I did this for my brother as his POA and Trustee. It was one heck of a STEEP learning curve.
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Reply to AlvaDeer
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uninformed88 Aug 19, 2024
Thank you very much for that first step! I will certainly reach out to an attorney to learn more.
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You broke no laws because your parents were present and gave permission for you to talk for them. I do suggest you get DPOAs in place for each of them in case they are not able to give permission. Search DPOA in your State. There should be a basic form. It will show you what you responsibilities will be as DPOA. I then would see a lawyer to have them made up.

You Medical is limited to just Medical. It usually does not go into effect until a dictor invokes it. That is usually done when a doctor feels a patient can no longer make informed decisions. Your responsibility then is to carry out your parents wishes listed in the proxy. You also can make decisions on parents health not listed in the proxy. You can talk to Doctors and Nurses. But it does not give you the ability to help with their finances. Sell a house, a car. Place them if needed.
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Reply to JoAnn29
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uninformed88 Aug 19, 2024
Hi, thanks for your reassurance and clarification. I will look for an attorney. Thanks for taking the time to respond!
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What authorities does the DPoA give you? You can read the document and compare it to the healthcare one.

You will need legal authority eventually to manage their financial affairs and make decisions on their behalf. I just went through this with my Mom's investment company for her annuities. One required a scan of the PoA doc, a diagnosis of sufficient incapacity from her doctor on the clinic letterhead, had me fill out a long affidavit, send an official ID of myself, have everything notarized at a bank and finally after the 6th try everything was acceptable. Another investment company for her other annuity just needed the PoA doc and the diagnosis letter.

And banks can vary as well. Ideally you should be joint on both their accounts. My Aunt had checking accounts at 3 different banks in FL. All 3 had different protocols for accepting my PoA status.

As for the written contract, we can't tell you since we can't read the document and we're not attorneys.
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Reply to Geaton777
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uninformed88 Aug 19, 2024
Thank you for your sharing your experience! Even tho responders are not attorneys, it helps to know what hurdles I might come my way. Thank you again. I will look up the DPOA of my state and learn more from an elder law attorney.
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