Follow
Share

I wrote in yesterday for the first time. THANKS to everyone who responded! Regarding POA which was mentioned a couple of times... how do I begin this? Do I print forms from online or do I just use a lawyer for all things related to POA?

Yes, you need to have a lawyer do this, and your parent need to be competent.
Helpful Answer (0)
Reply to MG8522
Report

NO to online. Most banks will not accept POA done from online.
This has to be an attorney drawing document up with your elder, examining your elder for ability and competency to confer POA on you. This is done BY YOUR ELDER conferring management on to you, and should include all things, management of accounts, meticulous accounting, ability to sell or rent home and to place elder when if needed. YOU need to understand your rights and obligations, and the necessity of ever-after keeping of meticulous records for every penny into and out of accounts.

You do not want to do an online form, then need to use it in future and find no bank will accept it. They are VERY picky. Feel free to visit the elder's bank with them to enquire just what forms they find acceptable. Make appt. with manager. You will need to be signee on her accounts for all things, and can create her a small spending account of her own if she wishes it, her own debit card with limits restrictions, and etc.

I have seen people here suggest that online forms are OK. I have NEVER seen online forms accepted by banks, pensions, stock companies, etc. Doing it right is costly and worth the money.
Helpful Answer (0)
Reply to AlvaDeer
Report

Here is your first post explaining that you are concerned about your parents:

https://www.agingcare.com/questions/looking-for-support-groups-or-options-for-what-to-expect-or-look-for-when-it-comes-to-dealing-with-a-493099.htm

First, your parents need to voluntarily assign someone as their PoA. You cannot make them do it against their will. They need to understand what they're doing and want to do.

Second, they need to have legal cognitive capacity to create such a document.

An elder law attorney does the capacity assessment at the appointment by interviewing them privately. They also check to make sure they aren't being coerced into doing it. You won't be allowed into this interview.

Or, if you instead download forms from sites like Legalzoom.com, your parents will still need to sign it in front of a notary with 2 non-family members.

If you have siblings I strongly suggest you convince your parents to use an attorney so that you get the fullest possible explanations and protections. I'm an only child and my Mom is single. I did the DIY from Legalzoom and haven't had any problems. But is there's any chance at all that a sibling could question the PoA, then using an attorney would be best.
Helpful Answer (3)
Reply to Geaton777
Report

I’d vote for using a lawyer. There are forms you can print and sign in front of a notary, however, each time we’ve been to an elder care or estate lawyer we’ve learned so much. The lawyers were great about covering items we hadn’t thought to consider and had such valuable input. They are also careful with a senior to be sure they’re stating their wishes and not being coerced, important in the event it’s ever questioned, which happens all too commonly
Helpful Answer (0)
Reply to Daughterof1930
Report

Ask a Question
Subscribe to
Our Newsletter