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My father passed away three years ago and I have since taken care of all transfers, etc. to my mom. But I am wondering if I need a new POA, for dealing with her things, or is the old, joint POA still in effect?
Lizneedsanswers, welcome to the forum. As others have advised, make an appointment with the Elder Law Attorney, especially if the POA's were not drawn up by one that specializes in Elder Law.
What I like about Elder Law Attorneys is that they keep up-to-date with new State laws regarding Probate, inheritances, taxes, etc. If your Mom is still sharp enough to understand the words in a Power of Attorney, it would be good to get an updated POA, along with an updated Will, plus any other legal documents an Elder Law Attorney may recommend, such as a Medical Directive. The Attorney may find your Mom's Will is good as it stands.
As Geaton says, there are no joint POAs. You should have had 2 POAs for Dad, financial and Medical and two for Mom. If Mom is of sound mind, I may see the lawyer who wrote them to update if they are old. If Mom has Dementia, I may see the lawyer just to get a letter saying the POAs are still in effect.
The law sees individuals. So, you would have had a PoA doc for each parent, separately. When you mean "joint" do you mean you shared the PoA with another family member? Can you please clarify what is currently in place for your Mom? Do you have a PoA doc for your Mom? If so, you should read it. It should only name your Mom on it.
I agree with what AlvaDeer suggested to you. Even if your Mom has mild dementia or memory impairment an elder law attorney would be the one to check her legal "capacity" to create any documents. So, do not make any assumptions whether she is able or not unless she is well into cognitive impairment.
If you are your mother's POA then you will remain her POA.
Is your mother now passed well into dementia and is unable to handle her own financials? If this is the case, and your father has now died, I would simply attend an hour of time with an Elder Law Attorney. You are likely also the one who is handling your father's Estate? You will need an attorney for that, so a Trust and Estate Attorney or Probate attorney is likely fine to run your papers past to make certain that all is in order.
I am assuming you were already acting for your father and your mother before his death.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
What I like about Elder Law Attorneys is that they keep up-to-date with new State laws regarding Probate, inheritances, taxes, etc. If your Mom is still sharp enough to understand the words in a Power of Attorney, it would be good to get an updated POA, along with an updated Will, plus any other legal documents an Elder Law Attorney may recommend, such as a Medical Directive. The Attorney may find your Mom's Will is good as it stands.
I agree with what AlvaDeer suggested to you. Even if your Mom has mild dementia or memory impairment an elder law attorney would be the one to check her legal "capacity" to create any documents. So, do not make any assumptions whether she is able or not unless she is well into cognitive impairment.
Is your mother now passed well into dementia and is unable to handle her own financials? If this is the case, and your father has now died, I would simply attend an hour of time with an Elder Law Attorney. You are likely also the one who is handling your father's Estate? You will need an attorney for that, so a Trust and Estate Attorney or Probate attorney is likely fine to run your papers past to make certain that all is in order.
I am assuming you were already acting for your father and your mother before his death.