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POAs and requirements for incompetence

aallis
aallis Member Posts: 1 Member
in Caring For a Spouse or Partner
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.

Comments

  • jgreen
    jgreen Member Posts: 82
    100 Likes 25 Care Reactions 25 Insightfuls Reactions 10 Comments
    Member

    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
    debriesea Member Posts: 50
    Second Anniversary 25 Likes 25 Care Reactions 10 Comments
    Member

    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
    harshedbuzz Member Posts: 5,989
    Eighth Anniversary 1,500 Insightfuls Reactions 1,500 Likes 5000 Comments
    Member

    @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
    Victoriaredux Member Posts: 73
    100 Likes 100 Insightfuls Reactions 100 Comments 25 Care Reactions
    Member

    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.

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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