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What are the steps for being a power of attorney for my mom?

What are the steps for being a power of attorney for my mom? She is in the beginning stages of dementia and she's already losing her money and other things. Do I have to register with the courthouse or a lawyer to have that power?
Status: Open    Jul 25, 2016 - 06:32 AM

Elder Law

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Expert Answers

Jul 27, 2016 - 08:25 AM

I would advise you to go to an elder law attorney. The attorney can be of assistance with a power of attorney, advance directive and any other documents that may be needed. It would also be a great benefit to have a professional involved to be sure she has capacity to appoint an agent (power of attorney). If the POA is challenged later this would be much better than doing a Google search, printing a document and having her sign it.
You can then record the POA at the courthouse. It is not required but most financial institutions greatly prefer it being recorded. If it is not recorded you will have to have the original each time you need it.

Jul 27, 2016 - 08:52 AM

Your mother would need to sign a document called a Durable Power of Attorney in order to give you this power. You might want to do it soon, for she must have the mental capacity to sign the document. If you wait too long, you may not be able to have her sign one and you would need to resort to a costly and time-consuming court proceeding. In most cases this document does not need to be filed with the court in order to be effective.

As for getting this document, I would recommend you contact an attorney. As with any legal document you can always do it yourself, but it is risky because the document might not work. Good luck.


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By jmorrts912 on Aug 20, 2016 - 12:14 PM | Like (0)  |  Report

since my husband were in sound mine when we made his daughter and my son POA. Do we need to do any thing else

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