Question concerning POA

Marie67

Hello All, 

Husband and I met with elder law attorney this morning. He is drawing up papers for me to be POA for my husband. We go back to sign papers on March 8th. Since attorney is drawing up the papers does that mean he found him competent, or will husband have to answer more questions on day he signs the papers? Just wondering as every day my husband's reactions can be vastly different

jfkoc

Surely the attorney thinks your husband is competent or he would not draw up the document.

Please, read the document carefully to be certain it spells out exactly what you want and please make certain it is a Durable Power of Attorney.

Crushed

interestingly I added a few lines to my wifes DPOA in 2013

1) access to all records on her held by any company agency   medical provider etc

2) power to renew her passport or any other document

3) act as a full health care power of attorney  

tgeno

I have a Health Care Power of Attorney over my wife effective now.

The General Power of Attorney we had would become effective if my DW became incompetent. We have just changed that POA so that it is immediately effective. My wife is early stage AD and highly functional. Our attorney, who specializes in wills, estates and elder law, did not question her ability to agree to and sign that amended POA. The General POA we have is unlimited.

Jgirl57

When we went back to sign our papers , the attorney and  staff asked both of us questions to verify 

we understood what we were signing and then also notarized . My husband answered yes to all the signing verifications but once we left the office he never mentioned it again. I keep all the copies /originals. The less said the better in our case.

Marie67

Jgirl57, thank you for reply.

I'm hoping that is the case with us. Husband is pretty good with yes and no answers. At our meeting, attorney did not even mention husband being incompetent. And husband did agree with everything we were having drawn up. I'm having my son appointed as my POA. Plus we are having beneficiary deed drawn up where our son receives our property upon death. So it will not go thru probate. I pray this all goes well, on March 8th. Right now my hands feel tied with no POA.