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Re: Do you have questions about Power of Attorney? Expert answers questions.

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Message 11 of 16

@TabathaA458229 

Hi Tabatha:  Thank you for your post and your question.  First, please know that I am wishing you a complete restoration of your health.   Stage 4 cancer alone is enough on your plate and I hope that you can attend to your own healing and recovery.   I also want to mention that you may want to put this post in the general Caregiving forum.  There are lots of points you raise in your post that I believe the other Caregiving Experts could address too (particularly brainstorming some options with you for senior services and ways you can get your mom some help as she's living independently, but clearly struggling).  

 

There are a few flags in your post that we should consider.  Your mother is disabled and has medical needs.  She is not following through with her medical care.   She is neglecting hygeine and home.  There's a question that she may have been a victim of exploitation or financial elder abuse.  There are also indications of paranoia/concerning behavior.    Generally, we all have the right to make bad decisions for ourselves, but bad decisions and self-neglect that may require intervention are different things.

 

I would one hundred percent consider going to see an elder law attorney who is licensed in your state.  They can help you parcel out what the options are for your mom and for you.   

 

A power of attorney is something that your mother would have to choose to do.  She may not wish to.  Alternatively, she may not be legally able to.  Does she have a cognitive decline diagnosis or has the question come up of whether she is lacking competence/capacity with her medical providers?  I ask because there may be other options, albeit more restrictive than the power of attorney.  For example, a guardianship may be the more appropriate or necessary choice.  

 

This is not an easy situation and I wish you and your mom all the best of luck for better days ahead.

 

 

Amanda Singleton
All posts are intended to convey general information only and not to provide legal advice or opinions. The posting and viewing of the information in this community should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. An attorney should be contacted for advice on specific legal issues. Nothing written in this community is intended to create an attorney‑client relationship. An attorney-client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement.
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Re: Do you have questions about Power of Attorney? Expert answers questions.

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Message 12 of 16

@lp6064 

Good morning, lp6064, and thank you for your question.  Here's the "lawyer answer" to the question of whether a durable power of attorney requires a notarization:  it depends.

 

Every state has its own set of rules and requirements related to durable powers of attorney.  Some require just witnesses, some require witnesses OR a notary, and some (like my home state of Florida) require witnesses AND a notary.   

 

Not completing the witness or acknowledgment (notary) requirements could make the document invalid or not acceptable, so it is very important to follow the formality requirements exactly.  

Amanda Singleton
All posts are intended to convey general information only and not to provide legal advice or opinions. The posting and viewing of the information in this community should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. An attorney should be contacted for advice on specific legal issues. Nothing written in this community is intended to create an attorney‑client relationship. An attorney-client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement.
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Re: Do you have questions about Power of Attorney? Expert answers questions.

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Message 13 of 16

Does a durable power of attorney need to be notarized?

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Re: Do you have questions about Power of Attorney? Expert answers questions.

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Message 14 of 16

My mom who is turning 73 is disabled, on oxygen, has problems walking and basically just sits in her chair all day. She’s getting forgetful and will say or do some off the wall things. Other times she seems normal. I think she’s getting dementia. She hasn’t been wanting to shower she says she sponge bathed but hasn’t washed her hair or shower since Christmas! She won’t let me clean her room or wash any of her clothes. She was in hospital in Oct for few days. That’s when I went in her room n cleaned her bedding and some laundry but she’s hoarding n it was just too much for me. I’m 51 and been fighting stage 4 cancer though I look very young I can’t do like I use to. How do I get power of attorney? She I am only child and my dad passed years ago. She never went to her follow up from her hospital stay, she schedules appt’s but then cancels them the day of. She comes up with excuses that weathers been bad even if it hasn’t. Or she lies and says they called and cancelled. I tell her I can take her but she gets mad and refuses. We live together but the house was left to her in her name. I had to file a bankruptcy for her because when I moved back here I found out she did a reverse mortgage but I think the money went to scammers. As many bills including property tax wasn’t paid! She has used black permanent marker to try fill in the areas on the window because she claims someone looking in. She was hanging up plastic bags to cover window. She gets mean. But In front of other family she acts normal. My daughters say to get power of attorney bcuz she’s not thinking right and it’s getting episodes more often. Two days ago she left in her car that had a completely flat tire, she knew it did and my daughter and myself told her not to drive it until we buy new ones. She took off n then I had voicemail that she needed me to pick her up but she never said where she was. I was in panic calling my daughters and family members to see if she contacted them. I called her cell phone 30 times and she would not answer. I went to the two Walmart stores I know she frequents because she don’t drive far and has only certain places she goes too. She was not there or the auto dept. I had them looking for her! She finally called she was home! She still insist she told me in message but I played it back for her. She told my daughter totally different story. What do I need to get power of attorney, can I get her out of this situation with reverse mortgage? I think she was not in state of mind when they pulled this on her. This is very stressful as I can’t get her to go to her much needed doctor appointments, she tells people she can’t do this or that because she’s been in and out of the hospital- last hospital stay was October 2018. Then she tells her oxygen company n random strangers that call her cell phone that she’s active and picks her grandkids up and she out and about. Not true- she rarely goes anyplace nor is she able to clean or upkeep herself or the house. 

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Re: Do you have questions about Power of Attorney? Expert answers questions.

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Hi ,
I am a caregiver and uncle to my 28 year old niece who was born physically and mentally handicapped. she requires 24/7 care. As her legal guardian of the last 5 years I have been asked a handful of times if I had power of attorney. I was under the impression that I did not need it. Is this so? Thank you in advance

SORRY !    I just saw this was for March 4-10

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Do you have questions about Power of Attorney? Expert answers questions.

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Message 16 of 16

AARP Caregiving Expert Series:  Week 1 Caregivers and the Power of Attorney

March 4-10, 2019

 

Welcome to week one of our four week Caregiving Expert Series here in the AARP Online Community, Caregiving Forum.  Our AARP Expert, Amanda Singleton, is here to help with Legal and Financial questions you have as a Caregiver.

 

This week’s topic is Caregivers and the Power of Attorney

health care power of attorney delegates a spouse, trusted family member or friend to make health care decisions for you if you are unable to do so. Have questions about power of attorney?  Let us help you find answers from our expert!

AARPTeri
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