Quote Quoting flyingron
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You should get dad to an attorney.
Yep, dad and I both know it.

Quote Quoting flyingron
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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
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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
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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
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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
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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
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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!