When do you invoke a POA?

A POA is selected by a person to act in their best interests in a time when he/she can no longer do so for themselves. According to your father’s doctor that time has arrived for him. Either you need to begin acting as POA, after reviewing the terms of the document, or seek to resign if you don’t feel you can do it. The task will need to be assigned to someone else

It depends what is written on your POA, some have stipulations about conditions required to invoke them and others are in force the moment the ink has dried.

Sorry you are dealing with this.

First, you should seek help from an elder care attorney licensed in your LO's state as each state law regarding POAs and other related matters depends on 1) that state's law, 2) how it was drafted (springing or non-sprining as one example) and 3) if signed by the person and the POA; as well as witnessed and notarized as your state likely requires.

A POA gives you authority to do what is outlined in the POA, the exact language here is of key importance as well as if there are any limitations such as a "springing" POA that ONLY allows X or Y if the person conferring the POA "lacks competency" perhaps (again depends on your state's law) to make medical or financial decisions or other decisions. If it is not a springing or other type of limited or to be invoked POA; you may have rights/power to step in now but DO NOT assume, get proper legal advice.

A POA however does NOT quash (terminate) the rights of the person conferring the POA. That is, even if you can step in; your LO still can do things as his/her rights are not terminated UNLESS a court determines they "lack competency" and you or someone else is appointed as their legal guardian.

This later step takes time to petition the court and for medical evaluations to be done. And this legal step is not fun, your LO may fight things and they are entitled to their own legal representation in the process. But this step may be necessary if you need to step in a big way (sell a house) and depending on how the original POA was drafted (do you have full power to do anything at the outset?)....

You might start with your area agency on aging for input as well as suggestions about licensed elder care lawyers in the state where you LO resides. Your LO's State Bar association can also identify licensed elder care attorneys in the state where you LO resides.

PS, just because you are the named POA; a POA can choose to relinquish that duty and to turn it over to the State to find guardian. Taking over to handle another's medical and financial arrangements (state/federal taxes, medical bills, perhaps application for Medicaid long term care coverage of a nursing home, handling the house/contents/yard, Social Security, retirement accounts, credit cards, other bills) is a lot. Lots of work, paperwork, tracking and not doing it correctly is no an excuse. Some things -- like applying for Medicaid -- have lots of rules and look backs (you cannot hide assets) -- and there is no do over.

What does your PoA document say? Sometimes people put in that 2 medical diagnoses are needed. Hopefully you Father requires only 1.

You will need to have his physician put this in letter form on his clinic's official letterhead and then print it out. You will need to show it to banks and other financial institutions if you wish to now manage his affairs as his active PoA.

I just did this for my Mom. I had been operating, with her permission, as her Durable PoA. Now she has advancing dementia and memory issues and has poor judgment and executive skills so I am managing almost everything for her daily.

I needed this letter plus signed affadavits to manage her investments. Other medical clinics may require it. His bank will have a rigorous protocol as well. Having the letter means you now won't need to bring your Father with you to accomplish certain tasks.

Be sure to review the entire PoA document so that you know exactly what authorities you have on his behalf.

You have to sign acceptance of the POA so if you haven't done that yet then you are not his POA. There is no time limit on a POA being put into effect unless specified in the document (sometimes people select a POA when undergoing major surgery, taking long trip, etc). When to exercise your POA is usually determined by circumstances. Like others have suggested....read the POA.

You need to be informed of all these changes. Your father's MD should have you on the 'contact list' as the first person to contact. Make sure that happens. That you are / were recovering is a separate issue. MD MUST CONTACT YOU.

If you feel you cannot make necessary, difficult decisions as they arise - and they will continue to arise - you might need to secure another person to manage / take on these legal responsibilities. It is not a criticism of you nor a negative that you may not be the person to manage these things. You need to do what is in your father's best interest. An 'outside' person (not emotionally attached) may be appropriate if no other family member available. Gena / Touch Matters

You should be acting as his POA per his doctor. They should have contacted you at the time that letter was written and provided you with a copy. Doctors don't write letters like that without serious concerns for their patient's wellbeing.

You need to be clear what help your father needs, because as his POA you are responsible for making those decisions and arrangements. You need to be certain his bills are paid, he is safe and cared for, getting regular meals and medical care as needed. I assume you do not live nearby or you would likely be involved already.

If you are not close enough to show up for any significant events that require making informed or urgent decisions, or complex planning, you should discuss the situation with the extended family and determine if you are the best person for this role. Being his POA can be done remotely but you need to be available in an emergency. That means everyone involved in his care must be able to contact you.

With my parents, I bullied them into giving me medical POA in an emergency situation. It was witnessed but not notarized, and was acceptable to the hospital staff and their doctors. We used the Durable POA a few years later to take over bills and decision making. Since it was properly written for our state by their lawyer, it was a simple matter to inform the necessary parties and provide the documentation. This includes banks and other accounts, residential concerns, all health care providers, home help, scheduling any appointments for personal care (hair, nails, PT, whatever), trips and travel even locally, shopping, social events and visitation. (I did have to restrict someone from visiting my mother.)

Please take this responsibility seriously and get involved, or turn it over to someone who can act on your father's behalf.

POAs typically delineate what financial things can be delegated if the person in incapacitated or directs to the POA to take over specific financial matters.

There are Medical POAs, but I suspect there are far more Health Care Surrogate documents.

A Health Care Surrogate can make health related decisions if the person for whom they are a surrogate is unable to make decisions or doesn't want to.

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In this case, it sounds like the doctor is saying your father is incapable of making decisions for himself. The question is whether he is or isn't - and then looking to what documents he has prepared (e.g., POA, Health Care Surrogate, Living Will). If those documents already exist, they can be followed if your father is incapacitated or otherwise unable to make decisions for himself. If the documents don't exist, and attorney should be consulted. See https://www.naela.org/

Julzb50: POA is a notarized document wherein the principal gives the agent legal authority to act on their behalf.

Does your father have a Durable POA document that names you as his POA? If so, you need to find out the requirements of your state for the POA to be invoked. Does it require one or two physicians to declare in writing that he is no longer competent to make decisions regarding his health and finances? Get that information and whatever documentation you need from his doctors. You’ll need copies of those and the POA to present to banks, hospitals, etc to act on his behalf.
Begin helping him with these things to ease him into the situation rather than just stepping in and taking over unless that’s no longer reasonable.
Obtaining guardianship is much more involved and difficult as well as expensive. Hope you already have the POA.