What are the types of Power of Attorney?How do I get?

COH & ACOA Joined: Jul 22, 2006 Posts: 1957 Location: Cabo

Does anyone have any information or advice on this topic that will be helpful to others?

COH & ACOA Joined: Jul 22, 2006 Posts: 1957 Location: Cabo

Quote:

From a member of the COH Yahoo Group:

I am an attorney in **** - and laws do vary from state to state - in this state - a power of attorney has to be granted to you by the person you will have the power over and it is generally to be able to handle their finances if they want you to, or if they become unable - as long as they are competent, they can revoke it whenever they want -

to really be able to get control over someone - that is a guardianship and again states vary by what they require - but unfortunately, if he fights you on it, you probably would not be able to get one -

if he had alzheimer's or a stroke and had limited capacity, that is when you can get a guardianship - at least here in ** -

here, the person who is going to get a guardian gets an attorney appointed to them to make sure you, as the person wanting to become guardian, are doing the right thing -

so if your dad was saying to that person, "I don't want or need a guardian, they are mad that I eat too much, and I should be able to eat
what I want in my old age" - that attorney will advocate for the dad and a judge would likely not grant a guardianship on that basis - too many personal rights issues involved -

From another member:

Quote:

Power of attorney doesn't change anything as far as the person being
able to spend money .

*** has POA for his mom the hoarder, and all
that means is that he is able to enter into financial transactions on
her behalf. However, she can still spend all she wants, and spend she
does (ugh).

I believe you are probably talking about guardianship
which is a whole nother kettle of fish entirely. Your mileage may
vary, I would check with an attorney in your state as I know there are different kinds of POAs.

In my MIL's case, she had the right to make (my husband) POA if she wanted, and she has the right to rescind it as well.

COH & ACOA Joined: Jul 22, 2006 Posts: 1957 Location: Cabo

Your state laws:

http://www.findlaw.com/casecode/state.html

Your state's government website:

http://www.statelocalgov.net/

Elder Law resources & Info.:
http://www.aging-parents-and-elder-care.com/suppinfo/elderlaw.html

COH & ACOA Joined: Jul 22, 2006 Posts: 1957 Location: Cabo

Additional info from a couple members of the COH Yahoo Group:

Quote:

Also, a word on POA... there are a variety of them, I was recommended to get one that went into effect immediately, (rather than a "springing" one that goes into effect only after he loses his faculties).

Also, there should be wording that it is a " durable" power of attorney, meaning that it does not lose it's effectiveness after he loses his faculties. The attorney also recommended including the verbiage that allowed me to sell his property or convey the sale to someone else.

Make sure to find an attorney in the state that your parent lives in, and preferably one that specializes in Elder Law
(I couldn't find one of these in my father's state, but did find someone
that he trusted, so that helped in getting him to agree).

Quote:

http://www.naela.org/ is a good website for finding someone who
specializes in Elder Law.

also, the coh website has a very comprehensive resource guide for
this issue:
http://www.helpinghoarders.com/Aging-Elder.html