My sister has POA-medical. But we need DPOA for my mom, who has moderate Alzheimer's.


My mom can't make her own medical decisions due to advancing Alzheimer's. Right now my sister only has HIPPA-level access to my mom's medical info per the existing POA, which was drawn up years ago when she just had mild cog impairment as a dx . Do we need anything beyond a doctor's letter (or two?) and an eldercare lawyer who draws up the DPOA based on the doctor's letters? Thank you!
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There are 3 types of legal and financial POAs. One that is immediately effective and terminates upon incompetence. One that is immediately and doesn’t terminate upon incompetence. One that only takes effect upon incompetence. Each of those can be granted specific powers, or all powers.
It sounds as if your mom granted your sister a springing type financial and legal POA. That requires doctor’s signatures verifying incompetence to become effective. It still would only give your access to powers that were listed in the original POA. If your sister was given only a medical POA and no other type of POA, she can’t get a legal and financial one once your mom is incompetent to sign one. Your sister would have to go to court to get guardianship in that case.1
Commonly Used Abbreviations
DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
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