Thursday, May 13, 2010

Can someone please help me with information on retaining Power of Attorney for a terminally parent?

My mom is terminally ill. Unfortunately, she hasn't made any preparations for either healthcare or what to do after she's passed away. And there are 6 surviving children and unfortunately, only 2 of us are really responsible and don't want the burden of unexpected expenses to sneak up on us. We'd really like to try and get things in order as much as possible. My youngest brother and I will most likely be the ones financially responsible for any extra costs. Because of this, we'd really like to have say in her healthcare, as well as funeral arrangements.Can someone please help me with information on retaining Power of Attorney for a terminally parent?
Many physicians offices, hospitals, and nursing homes have the forms for the advance healthcare directive (living will). If you can't find one, you can download one from the Pennsylvania Medical Society website. http://www.pamedsoc.org/Template.cfm?Sec鈥?/a>





As regards to financial matters, I would suggest that Mom's attorney prepare a General Power of Attorney naming one of the responsible children to make financial decisions, sell real estate, authorize medical and surgical procedures, deal with stocks and bonds and United States Savings Bonds, etc. Other responders have said ';Just get a form from a stationery store and have her sign it.'; I disagree. An attorney should determine if Mom is competent to sign a General Power of Attorney. And remember, the attorney who prepares this document is working for Mom, and not for you. The power of attorney should be witnessed and acknowledged. Make several originals because ofteh some financial organizations insist on an original. The acknowledgment in the presence of a Notary Public is important because it makes the document recordable in the event it is necessary to sell real estate and use the POA as authorization to sign a deed. Most lawyers I know now include HIPAA authorization to enable the agent to speak with then physician on behalf of the principal to make medical decisions.





If Mom is not competent to sign a General Power of Attorney, as a last resort, it may be necessary to have her adjudicated an ';incapacitated person.';





If there is a possibility that Mom may go into a nursing home and quickly exhaust her assets, it would be advisable to ';pre-pay'; her funeral expenses. This is permitted under Medicaid regulations.Can someone please help me with information on retaining Power of Attorney for a terminally parent?
you can hire an attorney or do it yourself.go to office depot and get a power of attorney form. fill it out for finance and health list the power of attorneys names have your mon sign it giving power of attorney to you. have it notorized and filed with the clerk of court. give a copy to her bank you should be able to handle her financial affairs. check with the state in which you live for further info not all states are standard
You can get the software and print it up off your computer and I also believe that most office supply stores carry the forms.
Most of her assets should have been or need to be put into a Trust, so it doesn't have to be probated after she is gone. In the meantime, if you are looking for a POA, have your attorney draw one up (make it specific, not a general one) and have your mom sign it! Sorry about your mom!
You need to go talk to an attorney, is your mom alert and thinking clearly? If so you can get forms for a living will on line and help her complete it. Also, talk to her about an advance directive you can get the forms from her doctor, this will let the family know how she wants her end of life to go and the doctor will keep one for his record. An advance directive will discuss life support. As far as expenses you will need an attorney to probate the estate once she passes, and usually once someone dies the creditors don't usually pursue collection from the estate unless the estate has a lot of assets. House payments and such that are large will have to be paid That is why you will need an attorney to help you through the process.

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