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

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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Greetings,

 

A California worker comp judge appointed me Guardian ad Litem and Trustee to my aunt who is incapacited due to severe dementia. Will these documents allow me to file taxes for my aunt?

 

Or do I need a POA or Conservatorship?

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Hello,

My dad is 82 and lives with his wife. He is still fairly active but forgetful and is currently taking medication for his memory. My dad won’t talk about care for himself as he ages. I handle his doctor’s appointments and his personal bills. I think I can talk him into signing a health proxy but not a power of attorney. Are they’re different power of attorney?

Thank you,

Lisa

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Does a durable power of attorney need to be notarized?

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@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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Thanks for your response.  We're in Pennsylvania, how would I find out what is required here?

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Hello @lp6064 :  I am going to attach a link that will bring you to the Guide to Legal Issues for Pennsylvania Seniors.  It is published by the PA Bar and may be helpful for you on a variety of topics, including powers of attorney.  Please note that it was published in 2016-2017, so some information may be outdated (so, for example, if it talks about estate tax, those limits change every year and that information will be outdated).  Here is the link:  http://www.pabar.org/pdf/guidelegalservicessc.pdf

 

To folks in other states reading this, you may wish to look at your state's bar association's website to see if it publishes similar helpful information for consumers.  Also, contacting the National Academy of Elder Law Attorneys may be useful in your search for information.

 

Take care, and thank you for your post! 

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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Hi @GailL1 , and thank you for your post!  Without delving too much into the arena of public benefits, which are worthy of their own discussion:   A power of attorney may grant the agent/attorney-in-fact the authority to act on another's behalf when it comes to benefits from Social Security, Medicare, Medicaid, or other governmental programs or military service.  This can include preparing, signing, and filing claims, suing for, settling, or abandoning claims, and collecting, receiving, and depositing benefits, and exercising any powers that a person could exercise if they were not under a disability or otherwise unable to.    I would recommend that you look for these kinds of powers to be granted in a durable power of attorney, because they can assist the agent/attorney-in-fact greatly in their caregiving duties.  

 

 

 

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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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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Thanks for response. I think it’s beginning dementia but not sure how bad. I will call a attorney to get further advise. I know this can be difficult as I have a friend who just went through this with his father. 

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Thank you @TabathaA458229 .  Remember that just because a person has been diagnosed with dementia, it does not necessarily mean that they don't have the legal ability to complete a document like a power of attorney.  The attorney you work with should be able to work with your loved one to discern whether they are capable of completing documents.  Doctors can write letters on their patients' behalf as well if competence is an issue.  Outside of this series, I post in the Caregiving Forum regularly, so please do come back to update us on your progress.  Wishing you the very best.

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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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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