Free Durable Power Of Attorney
Q: It has been awhile since I have posted, and I now find myself really lost. My Mom was diagnosed a year ago with AD. My Dad passed away this past Wednesday,23rd, and now I am faced with what all I need to do. My folks have no will and I am an only child, but there is realestate, checking accts., saving accts. Mom is totally wiped out by Dads death and could not take care of anything even before his death. I have contacted social sec. and Dads pension provider, I need to know what I need to tell the attorney in regards to what kind of poa I need as will as anything else to be legally in charge of Moms affairs.
A: Presuming your mother is competent (can understand the contents of a Durable Power of Attorney and estate papers) I think you need to have her get an attorney (if she doesn't have one), preferably one experienced in Elder Law (certified in the practice of Elder Law). The attorney can advise you and your mother what you need, based upon what your mother desires. Generally, and if you anticipate being the primary caregiver, it will be good if you have a General Durable Power of Attrorney (Financial), a Durable Power of Attorney for Health (Advanced Directives) as well as a Will (even if you are an only child) and any other special instructions. Keep in mind, it is your mother's wishes and desires which are to be served, not yours. Still, you are free to advise and suggest to her those things which might make life easier for you in the case that you have to look after her care and insure her well-being Lawyers can be very cautious about 'competence' and if your mother is in a 'gray area' it can sometimes be difficult obtain counsel. Sometimes, in lieu of an attorney, others may be used to insure that the documents being signed are understood and consistent with the wishes of the person signing them. E
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