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Message
What's the easiest way to setup POA? Parents are in their 80s and showing signs
Posted on 1/15/25 at 10:41 pm
Posted on 1/15/25 at 10:41 pm
Mom deals with all the finances and my dad wouldn't know what to do if she passes.
Also, she is getting dementia. I need to do something soon.
Do I need to hire an attorney, if so any recommendations? Mom and dad are in BR and I live in Florida.
Thanks,
Also, she is getting dementia. I need to do something soon.
Do I need to hire an attorney, if so any recommendations? Mom and dad are in BR and I live in Florida.
Thanks,
Posted on 1/16/25 at 4:48 am to SmackDaniels
I’d hire an attorney. They deal with these situations frequently. There may be layers of complexity that I am unaware of that vary state by state.
Do you have any siblings? They may need to sign off on documents.
Do you have any siblings? They may need to sign off on documents.
Posted on 1/16/25 at 6:14 am to SmackDaniels
I did it in Mississippi and it was very easy. I printed out the documents, my grandparents and I went to a notary, we signed in front of them. I asked if I needed to file it at the courthouse for any reason, that was a no. I just had to show medical providers, banks, etc. the POA paperwork.
Helps that they already had a will and they were dirt poor so this wasn’t going to be a contested situation.
Helps that they already had a will and they were dirt poor so this wasn’t going to be a contested situation.
Posted on 1/16/25 at 7:22 am to SmackDaniels
You can find the form online and download it. Make sure you get a notary and have it signed in front of a Dr who will write a note that they were of sound mind when they signed the POA
Posted on 1/16/25 at 7:49 am to SmackDaniels
quote:
Mom deals with all the finances and my dad wouldn't know what to do if she passes.
Also, she is getting dementia. I need to do something soon.
Bruh, you needed to do this 5 years ago. Seriously. You need to go do this as a top priority in your life asap.
I don't know their financial situation, but its also a situation they could very VERY easily get scammed on no matter their amount of money.
Posted on 1/16/25 at 8:20 am to SmackDaniels
Since parents are in LA, get a Louisiana lawyer, preferably one who deals with estate planning/elderly law, and ask about a durable power of attorney for both health care decisions and financial authority. Get one from each parent that names you as agent.
Get multiple originals, and make plenty of copies. Every time parent checks in a new hospital or nursing home, they likely will want a copy of the POA for their file before they will talk to you about the parent's medical care/condition. Each financial institution you deal with will do the same.
Consider asking parents to make you a signatory on their bank accounts so you can take over bill paying even without a POA. You can also consider getting parents to sign a Payable on Death (POD) for each financial account that names you (or siblings, etc.) as beneficiary. Some banks make this easy, others require more paperwork, but it's not too time consuming.
If mom is getting dementia, move ASAP. Once she loses competence, she can't execute a valid POA, will, or anything else.
Get multiple originals, and make plenty of copies. Every time parent checks in a new hospital or nursing home, they likely will want a copy of the POA for their file before they will talk to you about the parent's medical care/condition. Each financial institution you deal with will do the same.
Consider asking parents to make you a signatory on their bank accounts so you can take over bill paying even without a POA. You can also consider getting parents to sign a Payable on Death (POD) for each financial account that names you (or siblings, etc.) as beneficiary. Some banks make this easy, others require more paperwork, but it's not too time consuming.
If mom is getting dementia, move ASAP. Once she loses competence, she can't execute a valid POA, will, or anything else.
Posted on 1/16/25 at 9:12 am to SmackDaniels
I just met with my Lawyer in Florida to update my will and trust, and its not recommended to be a joint account holder in Florida due to the increased liability it puts you at as an account holder. There was probably another reason or two. It was just recommended to get a POA, and then make sure everything else is situated for them also.
Posted on 1/16/25 at 10:13 am to SmackDaniels
Magnolia Law is in Baton Rouge.
Posted on 1/16/25 at 2:09 pm to SmackDaniels
You're behind on getting this done, but there's no better time than the present.
Talk with your parents about it first. If your mother is aware of her dementia and you can catch her at a good time, get her to go over all the accounts with you. Take copious notes and have her add you to all of the accounts.
How is your father's memory? If he's starting to slip, it might be best to get POAs on them both as well as medical POAs (allows you to make medical decisions for them if they cannot do so on their own).
While you're at it, once you get things somewhat squared away, take the next step. If you have kids into their upper teens, start talking about this with them You don't need to put them on accounts or anything, but have a will drawn up with how you want assets divided then discuss it with them so that you are there to mediate any trading they may want to do.
I've seen families go through awful times because a relative passed and left things to certain people and not others with no discussions ahead of time.
Talk with your parents about it first. If your mother is aware of her dementia and you can catch her at a good time, get her to go over all the accounts with you. Take copious notes and have her add you to all of the accounts.
How is your father's memory? If he's starting to slip, it might be best to get POAs on them both as well as medical POAs (allows you to make medical decisions for them if they cannot do so on their own).
While you're at it, once you get things somewhat squared away, take the next step. If you have kids into their upper teens, start talking about this with them You don't need to put them on accounts or anything, but have a will drawn up with how you want assets divided then discuss it with them so that you are there to mediate any trading they may want to do.
I've seen families go through awful times because a relative passed and left things to certain people and not others with no discussions ahead of time.
Posted on 1/16/25 at 2:36 pm to SmackDaniels
Yes, hire an attorney. It won’t cost that much and if you do it yourself and discover you did it wrong after they’re incompetent you’re in for one whale of a hassle.
Posted on 1/16/25 at 3:21 pm to tgrmeat
Online forms will only cause you problems in Louisiana. A POA is an authentic act which require a particular form. Most notaries will not notarize an online POA, except the ones who don’t care about taking your money. Look on the Secretary of State’s website for the notary database. Find a notary around you with at least 15 years on their commission. Dementia can cause them not to notarize so get it done now.
Posted on 1/16/25 at 8:44 pm to SmackDaniels
If they are in BR, get in touch with David Mancuso. His office is on East Petroleum off of Highland Road. You will not be sorry.
Posted on 1/16/25 at 10:29 pm to SmackDaniels
It is not expensive. Go to an attorney and do it now while it is still possible. If their cognitive abilities get too bad it will be too late and you will really have problems.
Posted on 1/17/25 at 12:09 am to SmackDaniels
Csn I suggest that whoever ends up being the poa or exutor/exutrix who it gets to that, that there is open and upfront communication if there are other siblings involved.
Posted on 1/18/25 at 6:11 pm to SmackDaniels
Yes...Living Trust to avoid Probate...access to financial assets.
Posted on 4/15/25 at 2:53 am to SmackDaniels
I had to go through this with my dad a couple of years ago. He was still aware enough to understand what we were doing, so we met with an elder law attorney to get both medical and financial POAs sorted. The lawyer helped us handle everything the right way, because apparently in some states the forms and requirements are very specific. It was a big relief once it was done, and having multiple notarized copies really helped when dealing with banks and medical providers later on.
If your parents ever need to use their documents abroad or anything like that, you might want to check how power of attorney works with international use. I ran into this once from https://apostillelondon.com/ and found help through this place that explained how apostille certification for legal documents works.
If your parents ever need to use their documents abroad or anything like that, you might want to check how power of attorney works with international use. I ran into this once from https://apostillelondon.com/ and found help through this place that explained how apostille certification for legal documents works.
This post was edited on 4/18/25 at 6:02 am
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