Durable POA

phwillams

My mom and stepdad have a document titled durable power of attorney. However, in the document itself, it says that one of them have to die for the other to have the power. Both parents have dementia. Does the fact that it’s a durable pile attorney give the secondary power of attorney’s access

phwillams

Typo power not pile

H1235

It’s my understanding that a DPOA is only valid as long as the principal is alive. Once they pass all power would go to the executor of the estate. So the wording seems odd to me. The term durable would mean that even if the principal is incapacitated in some way the dpoa is still valid. I don’t think the durable refers to the person acting as the poa and their ability to perform their duties. If they are each others DPOA and both have dementia seems like it could be argued that the secondary should have that power. But I doubt that would be a quick automatic thing you can just bring to the bank and explain. You may need a letter from each of their doctors stating they are not capable of making legal or financial decisions for themselves or each other. I would recommend a lawyer! I dont think this will be a quick and easy kind of thing. If you think there is any chance they are still able to sign legal documents I wouldn’t put the lawyer vist off. If new documents need to be done you don’t want to wait too long. In my experience the bar is set pretty low, but still not worth taking the chance of having to get guardianship through the courts. My mom understood she was giving me the ability to make financial decisions for her if it became necessary down the road (but didn’t understand it was necessary immediately). Welcome to our group. I hope someone comes along with advice that is more knowledgeable.

phwillams

Thank you. That’s kind of what I was thinking.

Quilting brings calm

A POA ceases to be valid upon death. An executor named in a will handles things after death. An estate administrator is appointed by a probate court if there’s no will or the named executor refuses to be one. It sounds as if the POA is invalid ( if it’s actually a POA and actually uses the word death). Is it possible the POA uses the word incapacitated rather than death? Incapacitated means no longer capable of handling their own affairs.

Neither of them can serve as the other’s POA since they both have Dementia. If it’s a valid POA, then yes the secondary named POA would then be in effect. Not sure if you need a letter from someone showing the primary POA cannot serve .

It sounds as if you’d be best served by asking an elder care lawyer to look at the POA.

phwillams

Yes, thanks. Seems as though it’s a very poorly executed POA. We are are seeking advice an attorney this week.

Arrowhead

That sounds odd. My wife's, and mine too, says that all that is need is a document from a qualified medical personal. It needed to state that she was no longer capable of making her own legal and medical decisions. I do not understand why your parents lawyer worded theirs that way.