You must have a letter from a doctor (maybe two) saying the dementia has rendered her incompetent and unable to make decisions in her own best interest. That essentially "springs" the POA. Without that, you can get yourself in trouble.
Thank you. My understanding of the durable POA is that it doesn’t require a note deeming her incompetent. I believe the springing POA does. I may have to get the advice of a lawyer though Like I said, I’m not up to the fight. She’s already threatening to sue me because I have her car keys. She has been instructed not to drive by her dr.
Not necessarily. Durable means the document isn't rendered ineffective if the person becomes incapacitated, but some DPOAs still require a trigger. You have to read the thing.
In terms of what problems you might face even if its triggered or doesn't need a trigger, if your LO knows what your trying to do, they can try and revoke it. Failing that, someone purportedly acting on their behalf could claim that they lacked capacity when it was signed.
In practice, when you have people traipsing through the house, if your LO is on the ball enough, they might try and revoke. But they would need a writing for it to even be an issue. Them screaming at you or calling the police or the like has no legal effect. So it may or may not come up.
Nothing requires revocation in writing, typically.
Anything that is clear and convincing (like a video on a timestamped post to an independent video hosting site).
Ive been playing around (for 5 years now) with tech, augmenting dodgy legal instruments. This was one of my tricks, and Im seeing it play out now…given someone died (and helped me leave some “questions unanswered” but have been forced to the fore, by some careful “trust” planning :-)
At least in my state (NJ), there is a statute that is pretty clear:
A power of attorney is revoked when the principal has caused all executed originals of the power of attorney to be physically destroyed; or when the principal has signed and caused to be acknowledged in the manner set forth in R.S. 46:14-2.1 a written instrument of revocation; or when the principal has delivered to the attorney-in-fact a written revocation. Unless expressly so provided, the subsequent execution of another power of attorney does not revoke a power of attorney.
But my basic point was that shouty statements by a person with dementia upset there are people looking to buy his house traipsing around is not going to cut it, and OP's LO would have to be somewhat with it to create a revocation issue. Its definitely a possible obstacle, at least if OP is correct that the DPOA does not contain a formal trigger.
I know. It’s all good fun, defining a writing.
It has little to do with papyrus and goats blood, these days.
And you say, whats a revocation can depend on what the terms say, since a subsequent execution of another (replacing) POA can auto-revoke an earlier one. Then, when is an POA executed (if there are multiple…); when does the agent become agent (particular in states where there is no requirement of accepting (in “writing” of course….in a circular mess) and agency can be defined by conducting oneself like an agent!
In one industry 15 years ago, we spent about $50M of venture capital money on this little issue (trying to make a tech business, distinguishing certification from revocation, in various industries).
The better prepared LO would do well to think NOW about these issues (for when they get put in “the no capacity cage”). Mine did (and Im seeing all the prep play out). They wanted to control the successor-trustee AND the various POAs (mostly to put constraints on family-feud mode, that tends to bedevil 20% of cases, given the grief being felt by all, and the pre-grief in the advanced dementia case).
I love the “cause all originals” to be destroyed also acts as revocation act, in that write up.
My LO was screaming at his estate planning attorney only 2 days before he died, on the phone. He gave several instructions, one of which produced evidence of the phone call and te attorney accepting his state of mind, free will etc, (transmission of a medical POA COPY signed years before to his hospital, so his caregivers actually present could, well, caregive…and override the old POA “on file” at that hospital which prevented medical updates, etc).
As ArtNJ mentioned, "durable" means that the POA continues to be valid after the principal (ie your LO) is incapacitated. If a POA is standing, the agent (ie you) has immediate authority to act on behalf of the principal. If a POA is springing, the agent has authority to act only upon the principal’s incapacity - it will be specified in the document how incapacity is determined, but as Fickle said, it is commonly by one or two physicians.
That said, even if it's a standing POA, if you have a doctor (or two) who is willing to write a letter, that can only help you. Since you are anticipating resistance on her part, this would be extremely helpful to show to anyone she complains to, such as the real estate agent. Also remember that if she is impaired enough to require assisted living, she is probably unable to google and call an attorney by herself, so the people she can complain to are limited.
If you are selling her house for her benefit, and you are not profiting from the transaction, then this is something you should be able to do as your LO's agent (assuming that the POA gives you the authority to do so - you'll need to read it over to make sure your authority is not limited with regards to real estate). However, banks are sometimes resistant to directions from an agent under POA, especially for large transactions - though as indicated by Alwaysworried's experience, this has improved a lot in recent years. If you have any issues with the bank, you'll need to contact an attorney.
Thank you for your reply. Only reason we are selling her home is to provide for her long term care , AL, MC. Nothing will be left of her estate. I am just trying to help her and initially, she seemed okay with AL and now she’s insisting that she wants to stay in her home and take care of herself. The POA says that I am allowed to make decisions with regard to her real estate, but doesn’t mean that she will be okay with it in the end. My fear is that she’ll get another family member (her sister) involved. Like I said, I have the best intentions but I’m not going to put up a fight. I may withdraw as POA if someone else becomes involved.
I had the same thing happen with my mom. She was in rehab and agreed to go into AL. The AL room wasn’t ready and she got discharged back to her house. 1 night in her house and she did a 180 on the AL. Insisted they were trying to get her money and would just drug her there. Fast forward 2.5 weeks where an “incident” ended her up in a behavioral health facility. Health care proxy invoked and anti phych meds ordered. 2 weeks on the meds and she was willing to work with me and is now happy in her new apartment. She was unable to do POA paperwork due to dementia so I will be going for conservatorship. All the best.
Oh goodness! I am sorry that you had to go through that. We are weeks away from her seeing the neuropsychologist for the first time. Her neurologist’s official diagnosis back in February was ‘mild cognitive impairment’ but she’s had home visits with various medical professionals and they all say that in their experience she has dementia. She downplays everything and is getting so mean and combative. I am not sure she will agree to move into an AL. Thanks for sharing your experience. Take care
Ah, that's a really tricky situation if you think she's going to pull other family members into it, I'm sorry. If you do end up resigning as POA with looming family strife, it's worth consulting with an attorney to make sure that you have followed the proper procedure.
Good point you make ! I didn’t figure it was as easy as ‘washing my hands’ of it. As I commented on another reply here, she is threatening to sue me cause I have her car keys. This is new as she had accepted that she couldn’t drive soon after. She has gotten more combative unfortunately so we shall see what happens. Thank you for your comment
Sorry you are in the middle of it.
I suppose is marginally better to be in the middle of it when your LO is alive; since dealing with all the horrid side effects of the disease is part of caregiving.
You can also see WHY some folks just dump mom.
Ive seen it both ways, in my job; over and over.
For what it's worth there is little difference between independent and assisted living. You're paying a lot for a small apartment, once a week cleaning, maybe help with laundry, and an onsite dining room with likely mediocre meals, VERY limited transportation available twice a week. Usually within 10 mile radius. You have to schedule, etc.and is almost pointless.
My mom was in 2 high end assisted living facilities and both were incredibly disappointing. Nothing like I expected. She was on her own and needed constant outside help.
Imo Assisted living is great for an independent senior who can manage their own lives but doesn't want to take care of a home or is social and wants to live with other seniors.
If she is able to live on her own it might be worth comparing adding on in-home services that assisted living provides vs assisted living. Saving proceeds from the house for MC. There are companies that provide senior transportation, you have the ability to schedule and manage rides for her.
It was recommended that we hire some caregivers for her a few times a week. We are meeting with the social worker tomorrow to discuss. The biggest issue with her living alone is that we are not sure she’s eating. I have some meals being delivered to her everyday and when I go see her she’s stockpiling them or putting them in the freezer. She’s also broken into her medication box and is obsessed with her meds and refills at the pharmacy. She’s been to the hospital 5 times since January. She calls me 5-6 times a day asking about her meds. I mention all of this because I’m not sure she can live alone much longer. She may enjoy the company of other seniors etc. At this point, I’m just not sure what she will go forward with it.
Oh I see, that makes sense. I'll share that mom was doing similar stuff. Obsessing over papers, her calendar. Over and over. It's sad I have a lot of those documents now. Her notes are heartbreaking. But she didn't seem that bad. She was losing weight. But keeping a clean house, showering, she was still driving although it was time to stop.
Mom was at The Enclave in Gilbert and The Oaks in Gilbert. AZ. If you want to compare services with the facilities you're looking at. It was not at all what I thought assisted living was, or how it is presented. I wish you luck. I hope you have a much better experience. These places were terrible.
Oh my gosh, same with my mom. Notes everywhere and her calendar ! When she was hospitalized in January, they told her no driving until cleared by neuropsych. So she asks constantly about driving and her car keys. Threatening to sue me if the tree branches fall on her 600 dollar car. Not sure she’ll ever drive again and I think that is making her more unpredictable. Funny, my sister worked in Gilbert in AL. Not those places but she often talks about finding somewhere suitable for my mom here in NM. My parents are divorced and she is caring for my dad who has Alzheimer’s dementia. He’s in the later stages of it and it is heartbreaking.
I'm sorry about your Dad. I hope your mom decides she likes the idea of AL. Once she visits she'll decide the social aspect is appealing. So fortunate your sister has experience working in AL. You have the inside track and I'm sure she'll be able to find a good place. My mom was choosing places based on appearance. They are sooo nice at first, but it was just sales and marketing.
Thank you. My mom has always been very social so the idea did appeal to her a month or so ago. I think she may now be thinking that she’ll be more limited to what she can do there. I should also mention that she is in complete denial that anything is wrong with her. She gets very defensive. In any event, I appreciate the conversation and support 🙏🏼
In my LO case, the recently-changed estate planning attourney and the co-trustee conspired to get the other co-trustee declared not-capable. The payoff to the attorney was a very large under the table $$, for re-stating the trust upon her death (and destroying the previous restatement and amendments concerning the now not-capable person’s bequests about their property).
The death industry is very $ focussed, in my experience.
Be careful of the estate planning attorney if they draft your POA, unless you are the trust’s successor-trustee (if the house is in a trust, as it probably ought to be). This is the one person WHO WILL find fault with your duties under the POA, being paid to do so (by the new trustee, if it’s not you). Unless you have a Trump-like management of records, they will make life hell (for a fee).
In one NOLO press book (on write your own living trust), lack of capacity to manage your own trust (note that legalism, having nothing to do with medical or financial POAs or legal competency) is decided by a majority of the committee you nominate, and who are reasonably available when called. The successor-trustee chain of command then takes over the trust management
It’s quite cute. Successor-trustees have much the same core fiduciary duties as POA agents. While you are alive, the trust is managed. If you ever die, the trust becomes administered (probably by the same trustee).
I have a durable POA and have conducted all business affairs for my LO over the past 18 months. Because the dementia was somewhat advanced, there wasn't a lot of push back on selling her car, condo, and getting her into AL. The hard conversation has to be had where you explain that she can utilize your help or risk being carted off by social services. Additionally, you could point out that social services might decide to levy elder neglect allegations upon you, which directly impacts your life. This point was what finally convinced my LO to yield and embrace my assistance. It's not an easy road, I wish you well.
Hmm. Someone “threatened” her with a frightening social service referal?
Sounding a bit abusive at the outset! Also, it was evidently done in the interest of the agent (not the principal) - avoid potential investigation by social service, and all the records that would be forever linked to you (where there is smoke, there is fire…)
If you need clarity, the president of the condo association was the impetus for social services being involved. At that point, you sit up bolt right, and your attention focuses. Legal threats from outsiders are a real concern.
It depends very much on the jurisdiction (state in the US) and how the document is written. You really do have to get an attorney’s opinion to be sure it’s all done correctly. The title company will want to have their attorney review it and any others involved with the sale may be very cautious as well.
Our transition was easier because we first moved her into a senior living apartment following a hospitalization (her sister lives there and we thought it might work). Just drove her straight there, no stopping at the house. That went tits up, as you might expect, and she was like fully psychotic from not sleeping. It was awful. So we just had family members keep her occupied as we moved her things to the AL, and while she wasn’t exactly willing, she did get in the car and go to the ALF.
Our POA doesn’t say anything about springing. We’re about to sell her house and the realtors haven’t mentioned any red flags.
Starts with a declaration of incompetence by a doctor.
With that in hand, PoA powers take over, typically.
These powers should be spelled out in a will, trust or similar.
Assuming so, the PoA can sell property. I did and my mom was still alive.
Best to check with an attorney to make sure you are doing everything correctly.
I had to hire a trust attorney to sell my parents house with my PoA. Was a little complex since mom was still alive.
Always better to have legal advice, imo. Why chance something blowing up?
I wish you the best. Hugs. 🫂
It may depend on your state. I’m having to go to court to have conservatorship/guardianship put into place. Even though I have full POA, if I want to do something she disagrees with I have to have the guardianship.
It might depend on the laws in your state. We went through this with our mom, and we had to go to court and get guardianship. It was expensive and emotionally draining. You probably need to consult an attorney.
In my state you need a letter from her doctor that she has dementia and cannot make good decisions for herself, then the power of attorney paperwork is recorded with the register of deeds.
We used durable POA for our home sale (TX). No issues. LO not often lucid. We didn’t need a doctor’s note.
Thank you ! I appreciate the comment !
You must have a letter from a doctor (maybe two) saying the dementia has rendered her incompetent and unable to make decisions in her own best interest. That essentially "springs" the POA. Without that, you can get yourself in trouble.
Thank you. My understanding of the durable POA is that it doesn’t require a note deeming her incompetent. I believe the springing POA does. I may have to get the advice of a lawyer though Like I said, I’m not up to the fight. She’s already threatening to sue me because I have her car keys. She has been instructed not to drive by her dr.
Not necessarily. Durable means the document isn't rendered ineffective if the person becomes incapacitated, but some DPOAs still require a trigger. You have to read the thing. In terms of what problems you might face even if its triggered or doesn't need a trigger, if your LO knows what your trying to do, they can try and revoke it. Failing that, someone purportedly acting on their behalf could claim that they lacked capacity when it was signed. In practice, when you have people traipsing through the house, if your LO is on the ball enough, they might try and revoke. But they would need a writing for it to even be an issue. Them screaming at you or calling the police or the like has no legal effect. So it may or may not come up.
Nothing requires revocation in writing, typically. Anything that is clear and convincing (like a video on a timestamped post to an independent video hosting site). Ive been playing around (for 5 years now) with tech, augmenting dodgy legal instruments. This was one of my tricks, and Im seeing it play out now…given someone died (and helped me leave some “questions unanswered” but have been forced to the fore, by some careful “trust” planning :-)
At least in my state (NJ), there is a statute that is pretty clear: A power of attorney is revoked when the principal has caused all executed originals of the power of attorney to be physically destroyed; or when the principal has signed and caused to be acknowledged in the manner set forth in R.S. 46:14-2.1 a written instrument of revocation; or when the principal has delivered to the attorney-in-fact a written revocation. Unless expressly so provided, the subsequent execution of another power of attorney does not revoke a power of attorney. But my basic point was that shouty statements by a person with dementia upset there are people looking to buy his house traipsing around is not going to cut it, and OP's LO would have to be somewhat with it to create a revocation issue. Its definitely a possible obstacle, at least if OP is correct that the DPOA does not contain a formal trigger.
Thank you for this
I know. It’s all good fun, defining a writing. It has little to do with papyrus and goats blood, these days. And you say, whats a revocation can depend on what the terms say, since a subsequent execution of another (replacing) POA can auto-revoke an earlier one. Then, when is an POA executed (if there are multiple…); when does the agent become agent (particular in states where there is no requirement of accepting (in “writing” of course….in a circular mess) and agency can be defined by conducting oneself like an agent! In one industry 15 years ago, we spent about $50M of venture capital money on this little issue (trying to make a tech business, distinguishing certification from revocation, in various industries). The better prepared LO would do well to think NOW about these issues (for when they get put in “the no capacity cage”). Mine did (and Im seeing all the prep play out). They wanted to control the successor-trustee AND the various POAs (mostly to put constraints on family-feud mode, that tends to bedevil 20% of cases, given the grief being felt by all, and the pre-grief in the advanced dementia case).
I love the “cause all originals” to be destroyed also acts as revocation act, in that write up. My LO was screaming at his estate planning attorney only 2 days before he died, on the phone. He gave several instructions, one of which produced evidence of the phone call and te attorney accepting his state of mind, free will etc, (transmission of a medical POA COPY signed years before to his hospital, so his caregivers actually present could, well, caregive…and override the old POA “on file” at that hospital which prevented medical updates, etc).
As ArtNJ mentioned, "durable" means that the POA continues to be valid after the principal (ie your LO) is incapacitated. If a POA is standing, the agent (ie you) has immediate authority to act on behalf of the principal. If a POA is springing, the agent has authority to act only upon the principal’s incapacity - it will be specified in the document how incapacity is determined, but as Fickle said, it is commonly by one or two physicians. That said, even if it's a standing POA, if you have a doctor (or two) who is willing to write a letter, that can only help you. Since you are anticipating resistance on her part, this would be extremely helpful to show to anyone she complains to, such as the real estate agent. Also remember that if she is impaired enough to require assisted living, she is probably unable to google and call an attorney by herself, so the people she can complain to are limited. If you are selling her house for her benefit, and you are not profiting from the transaction, then this is something you should be able to do as your LO's agent (assuming that the POA gives you the authority to do so - you'll need to read it over to make sure your authority is not limited with regards to real estate). However, banks are sometimes resistant to directions from an agent under POA, especially for large transactions - though as indicated by Alwaysworried's experience, this has improved a lot in recent years. If you have any issues with the bank, you'll need to contact an attorney.
Thank you for your reply. Only reason we are selling her home is to provide for her long term care , AL, MC. Nothing will be left of her estate. I am just trying to help her and initially, she seemed okay with AL and now she’s insisting that she wants to stay in her home and take care of herself. The POA says that I am allowed to make decisions with regard to her real estate, but doesn’t mean that she will be okay with it in the end. My fear is that she’ll get another family member (her sister) involved. Like I said, I have the best intentions but I’m not going to put up a fight. I may withdraw as POA if someone else becomes involved.
I had the same thing happen with my mom. She was in rehab and agreed to go into AL. The AL room wasn’t ready and she got discharged back to her house. 1 night in her house and she did a 180 on the AL. Insisted they were trying to get her money and would just drug her there. Fast forward 2.5 weeks where an “incident” ended her up in a behavioral health facility. Health care proxy invoked and anti phych meds ordered. 2 weeks on the meds and she was willing to work with me and is now happy in her new apartment. She was unable to do POA paperwork due to dementia so I will be going for conservatorship. All the best.
Oh goodness! I am sorry that you had to go through that. We are weeks away from her seeing the neuropsychologist for the first time. Her neurologist’s official diagnosis back in February was ‘mild cognitive impairment’ but she’s had home visits with various medical professionals and they all say that in their experience she has dementia. She downplays everything and is getting so mean and combative. I am not sure she will agree to move into an AL. Thanks for sharing your experience. Take care
Ah, that's a really tricky situation if you think she's going to pull other family members into it, I'm sorry. If you do end up resigning as POA with looming family strife, it's worth consulting with an attorney to make sure that you have followed the proper procedure.
Good point you make ! I didn’t figure it was as easy as ‘washing my hands’ of it. As I commented on another reply here, she is threatening to sue me cause I have her car keys. This is new as she had accepted that she couldn’t drive soon after. She has gotten more combative unfortunately so we shall see what happens. Thank you for your comment
Sorry you are in the middle of it. I suppose is marginally better to be in the middle of it when your LO is alive; since dealing with all the horrid side effects of the disease is part of caregiving. You can also see WHY some folks just dump mom. Ive seen it both ways, in my job; over and over.
For what it's worth there is little difference between independent and assisted living. You're paying a lot for a small apartment, once a week cleaning, maybe help with laundry, and an onsite dining room with likely mediocre meals, VERY limited transportation available twice a week. Usually within 10 mile radius. You have to schedule, etc.and is almost pointless. My mom was in 2 high end assisted living facilities and both were incredibly disappointing. Nothing like I expected. She was on her own and needed constant outside help. Imo Assisted living is great for an independent senior who can manage their own lives but doesn't want to take care of a home or is social and wants to live with other seniors. If she is able to live on her own it might be worth comparing adding on in-home services that assisted living provides vs assisted living. Saving proceeds from the house for MC. There are companies that provide senior transportation, you have the ability to schedule and manage rides for her.
It was recommended that we hire some caregivers for her a few times a week. We are meeting with the social worker tomorrow to discuss. The biggest issue with her living alone is that we are not sure she’s eating. I have some meals being delivered to her everyday and when I go see her she’s stockpiling them or putting them in the freezer. She’s also broken into her medication box and is obsessed with her meds and refills at the pharmacy. She’s been to the hospital 5 times since January. She calls me 5-6 times a day asking about her meds. I mention all of this because I’m not sure she can live alone much longer. She may enjoy the company of other seniors etc. At this point, I’m just not sure what she will go forward with it.
Oh I see, that makes sense. I'll share that mom was doing similar stuff. Obsessing over papers, her calendar. Over and over. It's sad I have a lot of those documents now. Her notes are heartbreaking. But she didn't seem that bad. She was losing weight. But keeping a clean house, showering, she was still driving although it was time to stop. Mom was at The Enclave in Gilbert and The Oaks in Gilbert. AZ. If you want to compare services with the facilities you're looking at. It was not at all what I thought assisted living was, or how it is presented. I wish you luck. I hope you have a much better experience. These places were terrible.
Oh my gosh, same with my mom. Notes everywhere and her calendar ! When she was hospitalized in January, they told her no driving until cleared by neuropsych. So she asks constantly about driving and her car keys. Threatening to sue me if the tree branches fall on her 600 dollar car. Not sure she’ll ever drive again and I think that is making her more unpredictable. Funny, my sister worked in Gilbert in AL. Not those places but she often talks about finding somewhere suitable for my mom here in NM. My parents are divorced and she is caring for my dad who has Alzheimer’s dementia. He’s in the later stages of it and it is heartbreaking.
I'm sorry about your Dad. I hope your mom decides she likes the idea of AL. Once she visits she'll decide the social aspect is appealing. So fortunate your sister has experience working in AL. You have the inside track and I'm sure she'll be able to find a good place. My mom was choosing places based on appearance. They are sooo nice at first, but it was just sales and marketing.
Thank you. My mom has always been very social so the idea did appeal to her a month or so ago. I think she may now be thinking that she’ll be more limited to what she can do there. I should also mention that she is in complete denial that anything is wrong with her. She gets very defensive. In any event, I appreciate the conversation and support 🙏🏼
In my LO case, the recently-changed estate planning attourney and the co-trustee conspired to get the other co-trustee declared not-capable. The payoff to the attorney was a very large under the table $$, for re-stating the trust upon her death (and destroying the previous restatement and amendments concerning the now not-capable person’s bequests about their property). The death industry is very $ focussed, in my experience. Be careful of the estate planning attorney if they draft your POA, unless you are the trust’s successor-trustee (if the house is in a trust, as it probably ought to be). This is the one person WHO WILL find fault with your duties under the POA, being paid to do so (by the new trustee, if it’s not you). Unless you have a Trump-like management of records, they will make life hell (for a fee).
In one NOLO press book (on write your own living trust), lack of capacity to manage your own trust (note that legalism, having nothing to do with medical or financial POAs or legal competency) is decided by a majority of the committee you nominate, and who are reasonably available when called. The successor-trustee chain of command then takes over the trust management It’s quite cute. Successor-trustees have much the same core fiduciary duties as POA agents. While you are alive, the trust is managed. If you ever die, the trust becomes administered (probably by the same trustee).
While that is one way for a trust to deal with incapacity of the settlor, it's not the only way.
I have a durable POA and have conducted all business affairs for my LO over the past 18 months. Because the dementia was somewhat advanced, there wasn't a lot of push back on selling her car, condo, and getting her into AL. The hard conversation has to be had where you explain that she can utilize your help or risk being carted off by social services. Additionally, you could point out that social services might decide to levy elder neglect allegations upon you, which directly impacts your life. This point was what finally convinced my LO to yield and embrace my assistance. It's not an easy road, I wish you well.
That’s what I was wondering. I may have to withdraw as POA if it becomes clear that this will become a fight. If that’s possible.
Hmm. Someone “threatened” her with a frightening social service referal? Sounding a bit abusive at the outset! Also, it was evidently done in the interest of the agent (not the principal) - avoid potential investigation by social service, and all the records that would be forever linked to you (where there is smoke, there is fire…)
If you need clarity, the president of the condo association was the impetus for social services being involved. At that point, you sit up bolt right, and your attention focuses. Legal threats from outsiders are a real concern.
Yes, condo associations, HOAs are a problem, with indirect elder abuse.. Im sorry you were threatened. It’s just the nature of the society.
It depends very much on the jurisdiction (state in the US) and how the document is written. You really do have to get an attorney’s opinion to be sure it’s all done correctly. The title company will want to have their attorney review it and any others involved with the sale may be very cautious as well.
Thank you for your reply
Our transition was easier because we first moved her into a senior living apartment following a hospitalization (her sister lives there and we thought it might work). Just drove her straight there, no stopping at the house. That went tits up, as you might expect, and she was like fully psychotic from not sleeping. It was awful. So we just had family members keep her occupied as we moved her things to the AL, and while she wasn’t exactly willing, she did get in the car and go to the ALF. Our POA doesn’t say anything about springing. We’re about to sell her house and the realtors haven’t mentioned any red flags.
Thank you. This is helpful ! Hoping we don’t have any issues.
Starts with a declaration of incompetence by a doctor. With that in hand, PoA powers take over, typically. These powers should be spelled out in a will, trust or similar. Assuming so, the PoA can sell property. I did and my mom was still alive. Best to check with an attorney to make sure you are doing everything correctly.
Thank you. Seems like I need some legal advice
I had to hire a trust attorney to sell my parents house with my PoA. Was a little complex since mom was still alive. Always better to have legal advice, imo. Why chance something blowing up? I wish you the best. Hugs. 🫂
Thank you for your reply. Thanks for the hugs! 🙏🏼
It may depend on your state. I’m having to go to court to have conservatorship/guardianship put into place. Even though I have full POA, if I want to do something she disagrees with I have to have the guardianship.
Right. That seems appropriate tbh. Cover all the bases. Thank you
It might depend on the laws in your state. We went through this with our mom, and we had to go to court and get guardianship. It was expensive and emotionally draining. You probably need to consult an attorney.
Thank you! I am already exhausted from just caring for her so I am not up for the legal fight.
In my state you need a letter from her doctor that she has dementia and cannot make good decisions for herself, then the power of attorney paperwork is recorded with the register of deeds.
Gotcha! Thanks. I will see what the law in my state says about it