Old Power Of Attorney Options

Q: My mother signed General (durable) and Medical Powers of Attorney back in 1993, when she was just beginning to have memory problems. As her daughter, I was named primary agent with my brother as successor agent. She has now become incapacitated, diagnosed with Alzheimers, although she still has plenty of lucid moments. She has been living in her own home all these years and is still there right now, although she shouldn't be because she isn't safe there anymore. My mother was born in 1919 in rural Louisiana, and we just discovered that her birth certificate gives her name as something different than the name she has always used. Really different -- Maude Ruth instead of Ruth Evelyn. She has no other primary documents to prove identity since her driver's license expired 2 years ago and she has no passport. The banks are refusing to accept the POA since it's so old. I'm trying to get her into assisted living but can't use her funds to pay for it. Can we get another POA without primary identity documents? She has plenty of secondary documents (Navy discharge papers from WWII, hundreds of legal and financial documents). Without some access to her funds, neither my brother nor I can afford to place her anywhere. I'm not even sure that she would sign another POA -- sometimes she doesn't know I'm her daughter. Plus, I'm worried because I took her car away from her (it's sitting outside my house and causes her enormous anxiety and anger when she comes over and sees it because she wants it back -- I'd really like to get rid of it). What do we do? The situation is just horrible for all of us.

A: - don't know which state you're in, but in California I'd sue the banks - they're required to accept the power of attorney. Check with a local lawyer who can tell you what the rules are where you live. If all else fails you may have to go to court to get her a conservatorship. -I am guessing you are in LA. I'm unsure the specific procedures there, but what you need to do is have your mom declared incompetent and then you become her conservator. The terms may be different in LA than I've used, but the concepts are the same. This is a fairly easy process if your mom is senile, but it is procedurally heavy. I strongly suggest you hire an attorney who is familiar with the forms and processes rather than try this yourself. Your State Bar can offer referrals or you can visit several attorneys yourself. Start with those who are familiar with trusts and estates. These guys usually also have a minor in conservator issues. This will be a painful process for you and your mom. Hang in there and get it done. -Some states (such as New York) do consider it so, or used to. Does the TSA void those state laws, or is it just saying that certain Federal agencies won't accept it. If you e-mail me from a fake address, your fingers will drop off. I am not a lawyer; this is not legal advice. When you read anything legal on the net, always verify it on your own, in light of your particular circumstances. You may also need to consult a lawyer.

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Old Power Of Attorney Options

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