QUESTION
Is there a POA document that my mom could sign that would give us immediate POA even though she is still competent ?
Asked on Jan 28th, 2021 on Elder Law - New Jersey
More details to this question:
My mother is 81 and has health problems. She can hardly sign papers and cant push buttons on a the phone. She asked my wife and me to help with her bills nd credit card fraud. When we went to the bank we could do nothing because they said my dad was POA. My parents signed a power of attorney making each other POA and then my wife and I alternates. My dad went into the hospital for a mini stroke and his dementia is getting worse. Doctor now has him in Hospice. Is there a POA document that my mom could sign that would give us immediate POA even though she is still competent ?
1 ANSWER
2 Awards
Medical and Durable Powers of Attorney are effective when signed unless they state otherwise. They also generally revoke any previous ones, though third parties are entitled to act on the previous powers of attorney if they do not know about the new ones. This may be a good time to consult an elder lawyer to make sure everything aligns to protect your mother as much as possible. You can find one near her on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Answered on Jan 29th, 2021 at 5:06 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.