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Primary POA

Question of the Day on ElderCareMatters.com: "My mother has borderline dementia and is making bad financial choices based on an outside influence (ex-boyfriend) in her life. My brother and I are concerned. We have dual power of attorney for her, but wonder when we should step in. Any help on what steps to take would be appreciated."

Answer:  The fact that your mother granted you and your brother her power of attorney is a good indication that she trusts the two of you (and is, perhaps, relying on you) to step in to protect her interests when you think protection is warranted.  You should look into her situation and her finances as far as your power of attorney allows, while at the same time respecting whatever level of autonomy your mother is capable of exercising.  It might be appropriate to enlist the input of her physician or other medical providers who are in a position to shed light on her medical condition.  Hopefully, your mother has given her medical providers her written permission to share her health information with you.  She may have done this in her advance health-care directive, her "HIPAA authorization," or other estate planning or health care documents.  If she has not done so, her medical providers will probably decline to talk with you.

POSSIBLE ACTION STEPS:  (1) Get clear with your brother on your specific concerns.  (2) Agree with your brother on who (if anyone) should be consulted concerning your mother's medical condition and her finances.  (3) Approach your mother with your concerns and let her know that you are there to make sure her interests are protected.  If you can involve your mother’s physician or other family members or trusted individuals, that will probably promote her comfort level.

If your mother clearly understands that you are endeavoring to act in her best interest, she will probably appreciate the attention that you are focusing on her. 

Scott Makuakane, Esq., CFP
Founding Partner, Est8Planning LLLC
Honolulu, Hawaii  96813
www.est8planning.com
Member of the national ElderCare Matters Alliance, Hawaii chapter, State Coordinator

 

Question of the Day on ElderCareMatters.com: "I am an Elder Care Professional with 15 years experience in helping families with their elder care matters. Should I be listed on ElderCareMatters.com?"

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

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Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

 

 

 

Question of the Day on ElderCareMatters.com: "My elderly parents are failing. It's a complicated situation, but I got a Durable POA to protect my mom's assets if my dad passes before my mom. My dad is named as the primary POA, in case my mom passes before my dad. I am named as the secondary. My question is if my dad passes before my mom, and since I am named as secondary on the POA forms, does that mean I automatically become the primary POA for my mother? Will I have the authority to make decisions regarding her estate? What other things should I know about being name "secondary" POA?. Also, I live in a different state than my parents, but the POA forms were created using the laws of their home state. Does living in another state have any impact on transferring authority from the primary to the secondary POA?"

Answer:  If the power of attorney (POA) is valid in the state in which it was written, it should be valid in any state even if you are the secondary agent. You may have to prove that the primary has died through a death certificate. Assuming the POA grants you the right to make decisions regarding your mother's assets such as the power to write checks, to pay bills and deposit checks payable to your mother, living in another state should have no impact on a transfer of authority. One note of caution: The bank may view and make a copy of the original POA, but under no circumstances should they keep the original document. You will need the original document in the event your mother has assets with more than one financial institution.

To find competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

William "Bill" Brown, Attorney at Law
2999 E. Dublin-Granville Road
Suite 217
Columbus, Ohio  43231-4030
614-890-9099
Member of the national ElderCare Matters Alliance, Ohio chapter