My mom is 70 and I have been caring for her since last year in March 2016. I need to have a power of attorney because she goes to the bank and removes money and loses it and gives it away. The bank is giving me a hassle because she put a password on her account and changed her pin. On top of me not being able to pay her bills my husband and I are on a limited income.
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Usually a person grants another power if attorney when they are still in a good frame of mind. In your case, the parent is starting to be impaired. You will probably need a lawyer and a letter from a physician stating that the parent is impaired. Read this article for more information: www.rocketlawyer.com/
She can either sign a poa voluntary (some banks, depending on your state have the forms and they can witness and notarize them there) or if she is not willing, you will need to get a court order. That will require an attorney and the judge would have to declare her incompetent of finances. That can be messy if she objects. You will need to have proof, so make sure you have copies of bank statements where it shows she withdrew the money, and copies of the bills she has not paid.
I have to "third" this advice.
If these are small amounts she can do as she likes, but if bills aren't getting paid, this is a problem. She also needs money for food and medicine.
Try to gather as many unpaid bills and unfilled prescriptions as you can and see if you can find any other proof that she is spending money in frivolous ways. That may be hard in the case of gifts.
You state that you have been caring for your mother for the past several months; does that mean she is living with you or does she still live alone? Has she been diagnosed with any kind of dementia? Is she having any other problems such as forgetting serious things (appointments, daily care, etc.)? Or, has she had any accidents? Do you take her or go with her to see her doctors? Does she still drive and go to the bank by herself? These are some of the type of questions you will have to answer if you decide to ask the court for help.
If your mother will not voluntarily sign (has to be notarized) a POA then your only recourse will be to go through the court system.
Here is some information sent to me from one of our local attorneys:
File a petition for conservatorship or guardianship of your parent, if she refuses to grant you power of attorney to manage her affairs. If you genuinely fear for her ability to do so herself, you'll have to ask the court to intercede. As conservator, you would only take care of her financial affairs. As her guardian, you would ALSO be responsible for details of her daily care.
Conservatorship. A conservatorship will grant you the right to make medical and financial decisions on your parents behalf.
The clerks office at your countys probate court can tell you how to initiate conservatorship proceedings.
omg this was so helpful she stay with me I make all apt and take her to ALL
I am sincerely glad to hear that she stays with you and that you take her to all of her appointments as so often this is not the case and it is so sad to see what happens in so many cases like this.
Looks like you will have to have her declared legally incompetent,w which would require a lawyer. If she actually is of mostly sound mind and (what it appears) stubborn personality, be prepared for a terrible fight.
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