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Mom Has Dementia, I Think I Need "Power of Attorney"

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  • 01-03-2018, 09:26 AM
    trevor463
    Mom Has Dementia, I Think I Need "Power of Attorney"
    My question involves estate proceedings in the state of: PA

    Mom and Dad are elderly. Mom has dementia, and is not competent. Dad is mentally OK. For now, since Dad is alive and OK, I am guessing that he needs power of attorney over my Mom? For example, their mutual assets (such as their house) would be under the the exclusive control of my dad?

    Also, would like for the power of attorney to convert to one of the children if my Dad dies before my Mom.

    How does this work? What is involved?

    We are looking to retain an attorney, but I wanted some general info before we contact someone, and not go into it completely in the dark. Thanks.
  • 01-03-2018, 09:43 AM
    PayrolGuy
    Re: Mom Has Dementia, I Think I Need "Power of Attorney"
    One problem you will likely run into is that your Mom may not have the capacity at this point to grant the POA. If that is the case your Dad will have to be named her conservitor through the courts which will take more time and money than a POA.
  • 01-03-2018, 09:46 AM
    flyingron
    Re: Mom Has Dementia, I Think I Need "Power of Attorney"
    You should get dad to an attorney.

    Your mother, if she is not competent, can not execute a power of attorney. If someone needs to act for her, a different court action (guardianship) is going to be necessary. Your father however may wish to provide a power of attorney for himself. Also, POAs die with the person who grants them, so you will need other things in place to deal with her affairs in the case that she (or dad) passes.

    While he's at the attorney, he'd be well advised to get durable and medical POAs for himself as well as advanced medical directives. It's also a good time to look at estate planniong (wills, trusts) if they have not yet done that.

    Yes, the guardianship and the POA can be crafted that one of the children can take over if the father dies or is incapaciated.
  • 01-03-2018, 10:27 AM
    trevor463
    Re: Mom Has Dementia, I Think I Need "Power of Attorney"
    Quote:

    Quoting flyingron
    View Post
    You should get dad to an attorney.

    Yep, dad and I both know it.

    Quote:

    Quoting flyingron
    View Post
    Your mother, if she is not competent, can not execute a power of attorney. If someone needs to act for her, a different court action (guardianship) is going to be necessary.

    Quote:

    Quoting PayrolGuy
    View Post
    One problem you will likely run into is that your Mom may not have the capacity at this point to grant the POA. If that is the case your Dad will have to be named her conservitor through the courts which will take more time and money than a POA.

    Mom does not have the capacity at this point to do so. Furthermore, she is far enough gone that she would likely not agree to it, even to the extent she could understand it. This is why I put "power of attorney" in quotes... I only have a general idea what it is. I will have to look into conservator or guardianship.

    Quote:

    Quoting PayrolGuy
    View Post
    Your father however may wish to provide a power of attorney for himself.....
    While he's at the attorney, he'd be well advised to get durable and medical POAs for himself as well as advanced medical directives.

    Good idea.

    Quote:

    Quoting PayrolGuy
    View Post
    Also, POAs die with the person who grants them, so you will need other things in place to deal with her affairs in the case that she (or dad) passes.

    If my Mom passes, everything goes to my Dad, which is fine for now.

    If my Dad passes, everything goes to my Mom. That is a problem. I am guessing that we are looking to set something up that gives Dad control over Mom for now, and someone else to have control over her if Dad passes first. Or, God forbid, someone to take over for both of them if my Dad becomes incapacitated while Mom is still living.

    Quote:

    Quoting PayrolGuy
    View Post
    It's also a good time to look at estate planniong (wills, trusts) if they have not yet done that.

    They have a basic will which needs to be updated. But I imagine for that to happen my mom has to be of sound mind and consent to it. So that is a problem tied into this.

    Quote:

    Quoting PayrolGuy
    View Post
    Yes, the guardianship and the POA can be crafted that one of the children can take over if the father dies or is incapaciated.

    Yes, I will have to read up on that and look for an attorney.

    Thanks!
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