I need to set up a POA for my dad who is only 66 but in poor health and needs help with bill paying, banking, signing/cashing checks, etc. I am an only child and my dad is divorced and is without any close friends so I am it. I have found that I need to have this authorization to do things for him and be allowed to discuss his affairs with the appropriate people on his behalf. However, my husband is concerned that if my dad somehow gets involved in any more poor financial decisions (buying a bunch of garbage on late night infomercials, etc.) or even becomes the victim of identity theft, that somehow I may be responsible and liable for any charges or costs he incurs or is responsible for. Can someone tell me if this is the case when you are an "agent" for the "principal"? Thank you so much.
I found this attorney at a seminar given one night at a local assisted living facility. This was a great way to get valuable information for free, as well as professional contacts should you need them.
If Dad needs this much help with finances, you need to take away his credit card so he can't purchase from infomercials, charities that call on phone, etc.
He is responsible for his debts, but if he is incapable to handle own finances, you as POA should step in and protect his interests (even if that means protecting him from his own reckless spending). Unless a Doctor or a court says he is incompetent, there's not much you can do. Best to "get it in writing" from Dr. or court. and keep records of all expenditures. As long as what you are paying out of his funds are for his "just bills", you should be in the clear.
The job of a POA is to perrform such activities that are directed BY the principal, on their behalf, and that's all there is to it. Please be careful to keep receipts for any transactions you perform on their behalf; i.e. if you write and sign a check to a drugstore when picking up Rx's, be sure to keep the receipt that backs up the check amount. I also live in Indiana, and although it is correct that all POAs here are "Durable," that does not mean that they cannot be revoked by the principal - so, they would not last "until death" in the case of a revocation.
Don't be afraid of the POA! It is a very useful tool for being able to help a parent! Especially since the Privacy Act makes it virtually impossible to discuss their affairs otherwise. Yes, you can get one online, but an attorney usually doesn't charge much, and your questions can all be answered in a way that makes you feel safer. Also, your father might feel better signing it in front of a lawyer, and having his own questions answered. Plus, your father is responsible for paying the attorney, so might also use that opportunity to formulate his Healthcare Representative and Living Will papers, along with any estate issues he wishes to discuss privately. My mother did all of those things, and wrote her Will at the same time, and I think the entire bill for all services was $500, and this was a reputable estate planning firm.
My mother later got scammed by a nursing home employee who convinced her to revoke my POA (I have a long thread about that on this site!), but even so, while I was her POA it made everything very easy and I had no problems with anything I tried to get done, including her banking. By the way, Canada is not the only country to watch these transactions and report them as elder abuse when needed. When the scammer started taking my mother to the bank, before having me revoked and becoming her new POA, the bank reported everything to their Security Department who kept me advised and documented everything for Adult Protective Services. If you are always honest in your dealings, as I was, the bank and everyone else will know it and help you as much as they can with whatever you need to get done. GOOD LUCK! None of this is easy!
Thanks again
As part of the document package, Dad has his Will and his Living Will all set up and done. The POA is the only thing I don't understand fully. Hopefully a lawyer won't cost too much, since I already have the forms. This will make things much easier, so I don't have to have my dad sign stuff and make him give authorizations over the phone all the time. He hates doing that stuff anyway and would rather not have to do it.
As far as being financially responsible for another's purchases, unless you co-sign you are not responsible. I would suggest if the person you are POA for, you and them sit down and make a spreadsheet of expenses to compare what is coming in and what is going out. There are greedy and selfish wolves who may try and take advantage of the elderly.... even family members which we have seen in my husband's family. Plus, a strict budget may be needed if you plan to have homecare.
As my mother in laws Alzheimers has progressed, and my husband needed to cash in investments for her care, my husband experienced roadblocks by various financial institutions. They would not honor the POA. Some of the companies did not want to give up "her" money and made it very hard.
There is a huge difference between having a POA and having guardianship.
Hope this info helps!