Power of Attorney(2)

caberr

We had POA drawn up years ago for both me and my husband.   I have POA for my him.  He has ALZ but is still able to do a lot and is able to make some decisions.  May take a lot of explaining before he makes the decision but he is still included!  

He is having a really hard time signing his name.  How does POA work?  Can I sign checks, legal docs, etc?  How do I sign something for him? And can I do this at this point of the decease? 

 Thanks for any advice  

Crushed

A power of attorney makes you a fiduciary agent.  You can do anything the power of attorney allows.  The problem is businesses that  made trouble over a power or attorney. Arizona is well known for such trouble. https://www.nytimes.com/2016/05/10/health/finding-out-your-power-of-attorney-is-powerless.html

You will need to take it to the bank, make sure they will honor it or close your account and find one that will

I had to do that to Vanguard   which was totally obnoxious about my POA

I'm not sure what you mean by And can I do this at this point of the decease

POAs expire at death.  

M1

Caberr, this is not exactly to your question but something else to think about that I had to address recently:  if your husband has POA for you and he now has dementia, you need to change your own papers too.  I am in the process of changing my own documents from my partner having my POA/health care POA, which she has had for twenty years, and giving it to my now grown children.  Sad but necessary.  And I haven't informed her of the change, it would only hurt her feelings and she wouldn't see the necessity.

jfkoc

You want to make certain that you have a Durable Power of Attorney. My husband and I had these drawn up along with health directives, wills, a trust et al. Recently the DPOA was changed to one for health and one for finances. 

The DPOA will spell out exactly what you can/must do.

caberr

Thanks all....

Crushed, I guess I am wondering if he has to be completely unable to do anything before I can sign checks or legal papers for him.  I pay all bills but there are some things that he has to sign. 

M1, thank you we did recently have this updated.  I was nervous about telling him but the lawyer explained to him that it wasn't for now but down the road.  He seemed to be ok with this. My daughter is mine and she is his if I'm not able. 

jfcok, just looked at paperwork again.  It is a durable power of attorney.  Thank you for bringing this up.

I guess I am just confused as to how this works.  We have a meeting within the next few weeks with the attorney.  I need to get this clear in my mind as to what and when I can do what needs to be done.  

Crushed

caberr wrote:

Thanks all....

Crushed, I guess I am wondering if he has to be completely unable to do anything before I can sign checks or legal papers for him.  I pay all bills but there are some things that he has to sign.

what does the power of attorney say???

  That is what tells you.  you have to read it.  is it immediately effective ? or only on a certification of disability?

caberr

I have read it.  

It states "this general durable  POA shall take effect when executed by me and shall not be affected by lapse in time nor by my subsequent disability or incapacity and shall be binding not only upon me but also upon my heirs, executor and administrator up to the time of the receipt by my attorney-in-fact of a written revocation signed by me or of reliable intelligence of my death".

I'm guessing it started when he signed the papers

Crushed

That is what it says to me

jfkoc

me too....do read the document to be certain it covers all you want covered.

sandwichone123

Caberr, you can do whatever needs to be done. He does not have to be unable--POA is used all the time in business to allow one person to sign because the primary is busy, or traveling, or whatever. You don't have to answer to anyone--just take your POA to whatever business is involved and they should honor it. Do not apologize--act matter-of-fact as if it's just part of business, because it is.

Diane

caberr

Diane...thank you. I think this is what I was looking for

All...it helped me understand more just "talking" it out.  Thanks

Ed1937

Caberr, I used a POA when we sold our home. There was a minor problem because the home was titled in both our names, with her name being her first name and middle initial. The POA was made out without the middle initial, and that had to be changed to her first name AKA first name and middle initial. Then it went smoothly. Just FYI.

jfkoc

My husband was the agent named in my trust.... he bought a house in another house...no problem.

caberr

Crushed, I'll have to check on that.  Thank you

JM1316

Hi,

I am in the same position too.  DH is 69 and I am 67.  Sounds like same stage too.

I have an appointment with attorney early February to change my POA and to finally talk finances.  Our CPA son will be with us.

I also recently had to use the POA at the bank.  Seems I paid his business loan off and they did not credit it from early December.  Before they would talk to me I needed to present the POA.  It may take two more weeks before they can start looking for it because the Commercial Loan dept is backed up and they said my money is sitting somewhere and they can’t find it.  Very disgusted with TD Bank right now. I had to present all the evidence that I paid it even though I paid it from another TD account.  Really???   All you have to do is follow the trail and see where it went!  Modern computer systems........       Now looking to pull all accounts out!

Sorry for the vent!  

Arrowhead

So far, I have had no problems resulting from signing my wife's name. Only once have I even been asked if I have POA.

caberr

arrowhead, when you sign your wife's name do you have to add your name and POA?

Arrowhead

caberr- So far I have just signed her name. However, just in case, I keep the POA and her doctor's statement about her incompetence on my cell phone.

Chedes

My son and I need a consultation with a professional that will help us with practical directives about the caring of my spouse.

His behavior in some areas is changing and we are confused because sometimes my husband seems like himself and sometimes he does not.

What is acceptable and what is not?

If you can recommend a professional that has helped you I will appreciate it very much

Thank you

Mercedes

Ed1937

caberr wrote:

arrowhead, when you sign your wife's name do you have to add your name and POA?

I know arrowhead said he didn't. I did.

caberr

I never thought to keep a copy on my phone.  But that makes sense. 

I knew I'd find good information here and it would help me understand better.

Thanks!