A Question For My Colleagues - Power Of Attorney

[Calamity Kris]

My fathers cognitive abilities are declining and he will need to have someone take over his affairs in the not too distant future. My brother will need to obtain a power of attorney to be able to do that but where does he start? Are there any organizations that can assist him? Any pitfalls or things he should watch out for?

 

Thanks,

CK

[StirrupTrouble]

I recommend you speak to a lawyer. The process is pretty straightforward and can easily be taken care of. One recommendation that I have is if your father is willing, have is put in place now while he still has his cognitive abilities. If you wait until after he loses them, you will need to go before a judge to get a court order. Doing it now it will still go before a judge but it is just a paperwork shuffle if Dad is willing. Even if you put it in place now, your brother doesn't have to act in that capacity until you guys decide it is time. That can save some heartache later

 

Hope this helps

[guitar_slinger]

Talk with an attorney who can help with estate planning. PoA is part of it. Also he will need a living will and someone assigned as a health surrogate.

 

It is a big responsibility. I was PoA for my grandmother. Although my mom was the health surrogate, the decisions regarding grandma's healthcare ended falling upon my shoulders. My mom just could not make the decisions that needed to be made.

 

Very sorry to hear about your dad. Getting old is no easy task.

 

GS

[Horace Patootie, SASS #35798]

My Aunt and Uncle had no children. After she passed and he had some health issues, He asked me to be his medical POA. This did not have to be notarized but had to be witnessed by two people. As things progressed and I tended to more of his affairs, it became obvious that I needed to have a Durable power of attorney. Our company lawyer made one out for me. There are multiple options on this to indicate the level of authority. It was necessary for me to have complete authority. He signed it and it had to be witnessed by a notary. I got one of his bank staff to be the notary. This was not a difficult thing and it allows me to do anything on his behalf that he could do himself. However, there is a responsibility involved to act in their best interest. I'm sure this is because often times people do not. I made copies of this POA, and sometimes I have to show this to authorities of one kind or another to conduct business for him. This has worked very well in dealing with Social Security, investment firms, banks etc. After you have this authority and deal with various things that require it, it will eventually be easier to do the things you need to. I have been doing this for my uncle for about two and a half years.

 

Horace

[Sedalia Dave]

Ditto on the Lawyer. If can be beneficial if your brother is also added to all the bank accounts. Talk to an attorney for the best course of action.

 

From experience be sure the person appointed to be his health surrogate if fully aware of what that really entails. As GS pointed out it is a tremendous responsibility and too often it falls on those unable to handle it properly.

[Bama Red]

I had PoA and health surrogate responsibilities for my late brother. Being health surrogate can involve some rather weighty decisions that you and your brother should be aware of. As his surrogate, it was my responsibility to follow his wishes and have the hospital discontinue all care once he reached a certain point. He passed on three hours later.

 

Good luck and my prayers are with y'all.

[Calamity Kris]

Thanks for the info and well wishes. My primary concern is where does he find such an attorney? I would imagine it's a rather specialized field. I can't help him as I live in a different state thousands of miles away . I don't think looking in the phone book would be a good resource.

 

Thanks again.

[Marshal Mo Hare, SASS #45984]

Thanks for the info and well wishes. My primary concern is where does he find such an attorney? I would imagine it's a rather specialized field. I can't help him as I live in a different state thousands of miles away . I don't think looking in the phone book would be a good resource.

 

Thanks again.

Best is probably an attorney who handles estates and wills.