Reply to Get a General Durable POA now!!

Forum Index » Eldercare

Reply to "Get a General Durable POA now!!"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]That doesn't give you the right to take POA and overrule her decision not to want to move.  In order to get court guardianship she'd need to be a lot worse off than that.  You sound slimy. [/quote]

Sounds like you don’t get it. [/quote]

OP here— have you ever dealt with dementia? She can’t make decisions in her best interest. She wants to stay in that house because she still thinks she’s the same person she was 5 years ago. She has no idea of all the things she forgets. Or that she is asking the same question repeatedly. Or that she yells at my Dad for HOURS on end until she starts to physically assault him. (She made him bleed. And 2 mins later she is shocked that he is bleeding, asking him what happened and if she can help)

So yeah, I’m slimy because I want what’s best for her at a time that she doesn’t realize any is wrong. [/quote]

I’m a different poster. That doesn’t mean you can force her to move. That is guardianship or conservatorship, not POA.[/quote]

NP - I don't know if it is the same in all states, but generally a POA can only be acted upon if the person has been declared incompentent by their doctor (or two separate doctors).  I am designted as the POA for my mother (both durable and medical) but I couldn't force her do sell her home or put her in any kind of assisted care unless her doctor signed off on it.  And she's still very sharp, but there is a sad pattern of dementia among her many siblings.  Her four older siblings all developed dementia in their mid-eighties, so she wanted to be prepared.  The lawyer who drew up the POA talked to my mother separately to make sure she knew what was happening; the POAs are several pages and my mom had to initial each part that had to do with medical and financial wishes and permissions.

To an earlier poster who said that as soon as a diagnosis was made, they would plan to get designated as POA for a parent, sometimes that is too late.  The POA must be agreed upon by both parties, and if the person is already incapacitated, you would have to go to court and get guardianship, which can be much more onerous.  My aunt had a sudden stroke which caused substantial cognitive decline, making her incredibly paranoid and combative.  The only way we were able to get her the help she needed immediately (through her doctor) was that she had designated my mom as POA some 10 years before.[/quote]

Not sure if it matters by state, but my parent’s General Durable POA was effective once it was signed, according to their lawyer. . There was no need to be declared incompetent.[/quote]

Some powers are springing, which means they are not in effect until triggered by incapacitation, and one way of proving incapacity can be to have a doctor sign off. Another goes into effect immediately even when the person is healthy. It’s better to have to be in effect even when the person is healthy. That way you don’t have to get the person declared incapacitated, which can be difficult and sad.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics