My FIL is not able to make safe decisions yet since the POA is not activated he is the one who decides what he wants no matter what. He thinks he can do everything and yet he didn’t remember that we had a meeting with the ARDC. He was approved for long term family care through Medicaid. If he does what he wants we will be back at not eating anything not taking his medication. Anyway I just need to know what to do to activate POA, what is the process?
In regards, to your FIL; that is a different type of POA where your FIL might need to be declared incapacitated...it depends on if it is a "Durable POA" or a "Springing POA".
You need to talk to an attorney immediately to clarify the POA status of your Mother's POA and your FIL POA.
But I have been told that as long as his dr sees a need for someone else to make his medical &/or financial desions then you can invoke it - or even if you send a letter to his lawyer & dr that you are doing so that they then have to prove he is capable - tell them they have 7 days to make a protest about it - send this by courier to both places so that you have signatures ... as they say in French 'pointe finale'
But I always made sure I had a paper trail a mile wide to back up my choices especially for the money - I even use a separate bank [mom's] for all her stuff because I use a different one - this is a simple way to keep things separate
I learned on this site to put copy of POA on a zip drive -- which has helped at hospitals, dr, offices, etc. Banks will require the original notarized POA.
The last part -- "when can a POA be undone": My parent's included a clause such that should they have restored "capacity" (they get their mind back, recover from stroke, etc.) such that a doctor would deem them "okay and competent" - then the POA is inactivated until such time as parent/person becomes incapacitated, 2 dr sign offs, etc.
1. You need one doctor to declare the individual incapacitated to trigger the POA.
2. You need two doctor's to declare the individual incapacitated to trigger the POA - most common.
3. The document will say the POA is immediate upon signing.
I see in see in some of the previous posts that others have said they just showed the document and had no problems. This can happen but legally if the the POA has not been triggered they should not be doing this!
Read your FIL's POA document carefully to see what activities the POA can and cannot do and to see what actions need to be taken to activate the POA legally. If you have any questions, then contact the lawyer who wrote up the POA document. Each state has their own POA laws, regulations, and requirements, so you need to follow those also.