POAs and requirements for incompetence

aallis

My mom was recently diagnosed with Alzheimer’s, and I’ve started the planning process with her. One thing I’m struggling with and can’t seem to get a straight answer on is the wording of her health care POA, It states that she needs to be determined incompetent by a medical professional before decisions can be made on her behalf. Who initiates this process and at what point in the illness is someone deemed incompetent?
She is getting increasingly forgetful and difficult to work with when it comes to appointments. She recently had surgery and it has been a nightmare getting her to understand her restrictions.

jgreen

Hi, @aallis ,

Are you her power of attorney? If “yes’ check with the lawyer who drew op the paperwork and have a talk with them. That person should be able to guide you. You will need identification.

Just know that even if you are the one to to make decisions for her, you will not be able to help her ‘understand’ restrictions. I’ve heard from others more experienced than me that you can’t reason with your mom when her ‘reasoner’ is broken. Instead you have the role of coaxing, cajoling, and doing what is needed to ensure she does what she needs to do.

Let us know how you are doing. We are here for you.

debriesea

Our Trust includes DPOA and POA. I have a letter from his Dr saying he has Alzheimer’s and is not capable of making decisions. I have been able to use the DPOA and Dr’s letter to sell and rebuy property with no issues.

I have not needed to use the medical POA yet but I would think it would be the same requirements.

harshedbuzz

@aallis

That's a springing POA. Contact the attorney who drafted it and ask what documentation you need to take over. Sometimes it's a letter from a single doctor and sometimes multiple physicians need to sign off.

If it's a boilerplate version downloaded from the internet, you might want to visit an elder law attorney and have a new one drawn up. The bar for competence to sign is pretty low and most PWD in your mom's stage would be considered OK to sign. Otherwise, you're looking at obtaining guardianship at some point.

HB

Victoriaredux

I assume you have already taken over the finances. If not be sure to get the paperwork[ doctor's notes] needed so that she can't be scammed.