I phoned lawyer to let him know and he told me my letters no use as I need Drs. signature also but he didn't tell me this at the time or I could've got it done. What am I to do now as I'm left with mother and dealing with her bills etc? Is there a way I can fix this? Help!
I have found it very helpful for all of my bills in Florida to be paid automatically. I check the list online at the beginning of the month and again make a weekly quick check. My sister, who is younger and will become my POA when needed, checks on that on line also, as I have her on all my banking accounts now. Once in a while I'll need to make an adjustment regarding to maximum to allow to be paid when fees go up, but that's not very often.
I'm hoping this will make it easier for her to manage bill payment when the time comes.
I also volunteer at a few assisted living facilities and see some residents having difficulty getting the cash they need. I think the ease of payment through paypal will make it easier to take care of Christmas presents etc. when I can no longer drive.
I don't know if this type of management is available to you, but I'd look into it.
And one more comment about whether it should be the doctor or the attorney in charge of the POA. Doctors manage health. Attorneys manage legal matters. Doctors aren't trained in law, though they have certainly been involved in these legal management issues when they know the time is right. And Attorneys are trained in the laws of your country. We wouldn't expect them to know when it's time for someone to manage your affairs for YOU. I think you need to see this as a venture where the MEDICAL meets the LEGAL somewhere along this adventure of life. There must be some point where the expertise of both meets in the middle.
To be snarky, do I have to point out that Scotland is not in the US? Unless it's only the name of a town, and that seems unlikely.
Does anyone else see SCOTLAND in the original post??
First, I couldn't tell by the question, but when you wrote that you "...got a POA form filled in..." did you mean that your Mother signed the form and that she did so with the proper witnesses? (Note: the witness process varies from state-to-state.)
If she did NOT sign it properly, then the POA is probably invalid, and you should consult with a lawyer on alternatives.
If she did sign it properly, then re-read the form looking for the language that determines when you, as the Agent, can take action.
I believe that in the California statutes, the language in the example Durable POA for FINANCES has pretty loose language on when the Agent can take control.
I recently made my Durable POA for HEALTHCARE so that there is language that specifies that my Attending Physician is to determine whether or not I can make my own decisions. At that point, my Agent could take control. I worked with my lawyer to develop clear language to communicate that these are my wishes. This language was above and beyond the example provided in the California statutes.
I am not an attorney. This is not legal advice.
He's not saying your mother's POA form is invalid. He's saying you need the doctor's confirmation that your mom is incompetent so you can activate it.
The doctor doesn't know whether or not you need verification of your mother's incompetence until you tell him or her that you need it. He's not a lawyer.
We all sign these forms when we are perfectly capable of making decisions for ourselves. They are supposed to go into effect when you can't make your own decisions- not right away and not when the designated POA decides it should become effective.
I think lots of people are confused about this. People can still sign a POA after they have been diagnosed with dementia. (So your sibling could get your mom or dad to sign it over to them even with a diagnosis.) People with mild dementia can still be considered legally competent. If you want to start acting as the POA, you need to take steps to activate it. Until your POA is activated, your parent has the legal standing to make another decision on who should be POA.
If your mom has not been declared incompetent and is not in a residential care home, she might still be able to let you be an authorized person on her accounts so you can pay her bills. If she is in a residential situation- and especially if she's applying for or receiving Medicaid- you will need some guidance to know which money is available for paying bills and what bills can be paid.
If you give a little more information, people on this site can give you opinions. But the laws are different in each state for Medicaid so if she is or might be on Medicaid you are going to need legal advice from an Elder Care Lawyer.