QUESTION
What do I do if I need to get power of attorney for my mother?
Asked on Dec 09th, 2013 on Estate Planning - Michigan
More details to this question:
She is 86 years old and can sign for herself but in case I need it I will have it. I do not want to be held responsible for her bills if something should happen to her.
17 ANSWERS
She must sign the power of attorney while she is competent and does not need it. Being someone's agent does not personally obligate you for the principal's bills.
Answered on Dec 13th, 2013 at 7:35 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You are not responsible for someone's bills by agreeing to act as their agent under a POA. Your mother should have the POA drawn up by an attorney. Michigan passed a new POA statute last year, and many of the cheapo forms are not in compliance.
Answered on Dec 13th, 2013 at 6:56 PM
A durable power of attorney executed by your mother in your favor will allow you to act for her in whatever areas she wants you to. It is a relatively simple document, but requires her notarized signature.
Answered on Dec 13th, 2013 at 6:41 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Do yourself a favor, and obtain the services of a estate plan lawyer to prepare power of attorney for your mother and have signed by your mother and notarized. Advise you do not use a form, as the forms do not generally apply to your mother particular case.
Answered on Dec 13th, 2013 at 6:22 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Contact a local attorney.. many attorneys will meet with your mom and you to do a power of attorney like this for cheap $100 or so.
Answered on Dec 13th, 2013 at 5:33 PM
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If you are in Souterhn Nevada, contact Souterhn Nevada Senior Law Program and they will meet with you mother to assist for free. They do accept donations. You will not be personally responabile as her attorney in fact unless you sign something that says you are. Read everything you sign. Best of luck to you.
Answered on Dec 13th, 2013 at 4:02 PM
As quickly as possible, obtain a form of power of attorney appointment and have her sign it. I would have a couple of witnesses and a notary. It is also good practice to get a letter from her doctor that she is mentally competent to enter into the agreement.
Answered on Dec 13th, 2013 at 4:02 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You need to get a power of attorney drafted, and see if your mother will sign it.
Answered on Dec 13th, 2013 at 4:01 PM
Find a good lawyer to prepare a power of attorney for financial dealings. If your mother has a trust, the POA must include specific language to cover acting as a trustee. You also should have a POA for her health care decisions.
Answered on Dec 13th, 2013 at 4:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The best way to do it is to go to an attorney and have him or her draft a power of attorney for medical decisions and a power of attorney for financial decisions. The latter should go into effect if your mother cannot do things for herself. Your attorney will put in the proper language. You will not be responsible for your mother's bills as long as you sign the documents as "attorney-in-fact," and not in your own name.
Answered on Dec 13th, 2013 at 4:01 PM
Thomas Edward Gates
See an attorney to draft the Power of Attorney for Finance. In your role as Attorney-in-fact, you will not be responsible for her bills as long as you act within your authority.
Answered on Dec 13th, 2013 at 4:01 PM
2 Awards
Have your mother see an estate planning attorney.
Answered on Dec 13th, 2013 at 4:01 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your mother is competent she is able to appoint an agent by use of a Power of Attorney. Illinois statute prescribes a statutory form for a Power of Attorney for Healthcare wherein an agent is appointed and granted authority to make medical decisions for the principal. Illinois statute also prescribes a statutory form for a Power of Attorney for Property wherein an agent is appointed and granted authority to deal with the assets of the principal. Your mother could sign the statutory form power of attorney and appoint you as her agent for healthcare and property. This would give you authority to act on her behalf. When you are acting as her agent under a power of attorney for property you are able to deal with her assets and incur liability for which she is responsible. Provided you undertake actions that are in her best interests and under the authority granted in the power of attorney, and not individually, you will not be responsible for her debts. The power of attorney must be executed by your mother and you must sign checks and papers as her agent. Your mother's assets will be subject to creditor claims. Assets of your mother that are held jointly with you may also be subject to creditor claims under certain circumstances.
Answered on Dec 13th, 2013 at 4:00 PM
Your Mother should go visit an attorney specializing in estate planning and elder law.
Answered on Dec 13th, 2013 at 4:00 PM
Check your state statutes or state bar association - many have POA forms available. There are two types of POA - one covers health care decisions, the other deals with financial actions. Your mother will need to sign the document and have it notarized. Most POAs indemnify the person granted the power to act unless the person willfully or intentionally causes harm or misuses the assets. Even without the POA, you should not be held liable for your mother's bills unless you agreed in writing to be responsible for them.
Answered on Dec 13th, 2013 at 4:00 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Your mother should sign the POA and have it notarized and witnessed. Doing this will not make you responsible for her medical or other bills.
Answered on Dec 13th, 2013 at 2:45 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney and have a general and durable power of attorney drafted for her review, approval and execution. I would have a medical power drafted as well, and review the titling of her assets, will or estate plan.
Answered on Dec 13th, 2013 at 2:39 AM