Power Of Attorney

• Article - Power of Attorney for Finances: A Beginner's Guide

  Power of attorney designates who handles financial affairs when your parent is incapacitated. This article covers the basics of power of attorney.

• Article - Power of Attorney for Finances: A Step-By-Step Guide

  This guide shows you how to set up a power of attorney, from figuring out if your parent actually needs one to choosing who will act as their agent.

• Article - Estate Planning Basics

  Estate planning manages money and property during life and passes it to survivors after death. Know what the basic estate planning documents can do.

• Article - Conservatorship and Adult Guardianship: A Beginner's Guide

  When and how to appoint a conservator, or adult guardian, for your parent if she can't make important health and financial decisions for herself.

• Article - Preparing for a Stroke Emergency: What You Should Know If Your Parent Is At Risk

  Is your parent at risk for a stroke? This practical guide will help you prepare for a stroke emergency.

Blog Posts

• Blog Post - My mother gave power of attorney to her new husband, who is putting her life in danger. How can we get it away from him?

  My mother's new husband has power of attorney for her, but I feel he puts her life in danger. How can we get her to reappoint power of attorney?

• Blog Post - My brother won't share financial information about our dad's assets, and it's tearing the family apart.

  My brother has durable power of attorney for my dad...

• Blog Post - End-of-Life Financial Lessons Learned the Hard Way

  Francine Lipman, who teaches tax law, discovered that even she was ill-equipped to prepare herself for the financial realities of her mother's death.

Questions & Answers

• Question - Where can I get free legal help with estate planning?

  It’s hard to find good free legal help, but there are some low-cost alternatives.

• Question - When someone is incapacitated, how can another person get POA for them?

  Unanswered. Can you help?

• Question - How do I get a power of attorney without my parent's signature?

  To prevent fraud and be sure that a power of attorney is just what is needed and wanted, the law usually requires your parent to sign it before it will take effect.

• Question - Can my parent give durable power of attorney for healthcare to one child, and durable power of attorney for finance to another?

  Can my parents give one child durable power of attorney for healthcare and one durable power of attorney for finances? Power of attorney can be split.

• Question - What's the emergency procedure for obtaining durable power of attorney for finance or health care?

  What's the emergency procedure for obtaining durable power of attorney for finance or health care? Get answers on obtaining durable power of attorney.

• Question - Can a parent revise or revoke a durable power of attorney for healthcare or finances?

  Can my parent revise or revoke his durable power of attorney for healthcare? He can revise his durable power of attorney if he's of sound mind.

• Question - Can a durable power of attorney be made irrevocable?

  Powers of attorney may be something that's even better than irrevocable: They're flexible.

• Question - My dad has has a stroke and shows signs of dementia, how can I get power of attorney over his affairs?

  Unanswered. Can you help?

• Question - How do I gain access to my parent's health records without a durable power of attorney for health care?

  This question has been answered by a Caring.com Expert

• Question - How can a durable power of attorney be ended?

  Someone appointed to act in a power of attorney document usually has the job as long as he or she is willing and able to do it.

• Question - How can I take over caretaking decisions when my brother has power of attorney?

  Try getting to the root of your family member's unwillingness to carry out the duties required in a power of attorney; then, consider other action.

• Question - How do we preserve my deceased father's estate when my mother remarries?

  To find out whether you are slated to get family property when your mother remarries, you have to look at the underlying estate plan.

• Question - What is the difference between dpoa and just a poa?

  A durable power of attorney remains in effect if and when the person granting the authority becomes unable to make and communicate decisions.

• Question - What is the difference between power of attorney and a conservatorship?

  This question has been answered by a Community Member

• Question - Does an advanced directive for health care agents supersede a durable power of attorney for medical decisions, if you have both?

  When an advance directive and durable power of attorney conflict, the most recent document generally controls.

• Question - What's the difference between a guardianship and a conservatorship?

  What's the difference between a guardianship and a conservatorship? I want to know because my elderly parent refuses to sign a power of attorney.

• Question - How can my husband be paid to take care of me 24/7? I am schizophrenic.

  Unanswered. Can you help?

• Question - Where do I get the paperwork for a power of attorney for my spouse who is currently in a mental health facility?

  Unanswered. Can you help?

• Question - My dad refuses to obey his doctor's orders and stop driving

  My father's doctor has instructed him to stop driving, but he refuses to comply. What should I do?

• Question - Does power of attorney make me responsible for medical bills?

  If I get medical power of attorney, will I have to pay my parent's bills when she dies, or is power of attorney limited to other things besides bills?

• Question - What legal recourse do I have with my drug abuser/alcoholic brother who has POA for our mother before he manages to go through my mothers money?

  Unanswered. Can you help?

• Question - If my dad and I jointly own a home, can Medicaid still take it to pay for long-term care expenses associated with a nursing home?

  Unanswered. Can you help?

• Question - What rights do I have as a healthcare agent?

  This question has been answered by a Caring.com Expert

• Question - How do I gain power of attorney over my mother against her will?

  It may not be possible to secure a power of attorney if a parent refuses to authorize one; such situations may call for more drastic measures.

• Question - Can the children of a nursing home resident distribute his assets as a “spend down” to qualify for Medicaid?

  Can the children of a nursing home resident distribute assets as a spend down to qualify for Medicaid? Get expert answers on spend down guidelines.

• Question - How do I obtain forms to initiate a durable power of attorney for finances?

  Whether to use self-help forms for a durable power of attorney for finances may depend on when you want the document to take effect.

• Question - My father has dementia and I'm wondering, when is the best time to discuss enforcement of power of attorney?

  Unanswered. Can you help?

• Question - A couple of years ago, my mother appointed me as executor of...

  Unanswered. Can you help?

• Question - When does a power of attorney take effect?

  Read the fine print to determine the specific powers granted in a power of attorney -- and make sure they're not overbroad.

• Question - Will I have access to my father's health records?

  Unanswered. Can you help?

• Question - Does self-help software produce legal documents?

  Some self-help law products produce perfectly legal documents. The key is to shop wisely -- and you can always use a lawyer as a backup.

• Question - Are powers of attorney different from state to state?

  Life -- and dealing with powers of attorney -- might not be as confusing if all state laws were identical. But they're not.

• Question - Can you provide me with a list of "end of life" questions to address with my family?

  A comprehensive list for end of life questions will be appearing soon; in the meantime, this site can help provide some structure for your discussions.

• Question - Do I have any legal rights over my sister who is an alcoholic and neglects to eat or take her medicine for her Type 1 diabetes?

  Unanswered. Can you help?

• Question - Do you need a power of attorney if your spouse dies without a will?

  Unanswered. Can you help?

• Question - As trustee for my parents' living trust, can I manage their affairs if they're unable and do I still need power of attorney?

  The power of a trustee of a living trust extends only to property in that trust.

• Question - Do I need to take legal steps to take over my sister's finances?

  You must follow some types of formalities before taking over another person’s finances; the law keeps a close eye on such arrangements.

• Question - Is there any way I can find out on my own if a family member really has the power of attorney that they claim to have?

  Unanswered. Can you help?

• Question - Do I still have power of attorney over my mother's bank accounts even though she's passed away?

  Once a parent dies, you may need to freeze a bank account to keep out those who might misuse the money left.

• Question - Which forms do insurance companies and Medicare require in order for me to become a Patient Advocate for my elderly father?

  Unanswered. Can you help?

• Question - How can I get my abusive father removed as my mother's health care surrogate?

  Unanswered. Can you help?

• Question - Can I safeguard my mother even if I'm not designated her guardian?

  The first step is to see what actual legal authority your brother has to act. The second is to take action to do or undo the situation.

• Question - If I have power of attorney, am I liable if my parents drive even if I think they should stop?

  This question has been answered by a Community Member

• Question - My fiance has likely had his signature forged on a power of attorney document. What recourse do we have?

  Unanswered. Can you help?

• Question - If I have durable power of attorney for my father, can I stop him from giving money to a relative who is taking advantage of him?

  Unanswered. Can you help?

• Question - Is there a way to get power of attorney back after it has been revoked?

  If possible, get to the bottom of why your mother's power of attorney was revoked. You may need to fight this legal action with legal action of your own.

• Question - Can I get irrevocable power of attorney over my brother who abuses drugs?

  This question has been answered by a Community Member

• Question - Is there any way that a sibling can revoke durable power of attorney from another?

  Unanswered. Can you help?

• Question - With both my parents in the hospital, how can I pay their bills?

  This question has been answered by a Caring.com Expert and a Community Member

• Question - Do we need a court order for the bank stating my mother is unable to handle her financial affairs any longer?

  Unanswered. Can you help?

• Question - How do we deal with our brother who is seeking guardianship over our mother?

  Unanswered. Can you help?

• Question - Siblings disagree over selling parent's house

  My sibling has power of attorney and wants to sell my parent's house. I don't want to sell the house because my parent is still competent. What to do?

• Question - How do I handle finances when I share POA with my sister and both parents have dementia?

  This question has been answered by a Caring.com Expert

• Question - How can I be sure my nephew, who has POA for my sister and her husband's finances and health care, is properly using their assets?

  Unanswered. Can you help?

• Question - Should I interfere in my mother's social life if she has Alzheimer's?

  This question has been answered by a Caring.com Expert

• Question - Are online estate planning documents legal?

  When looking for an online product to help product your estate planning documents, shop carefully.

• Question - Am I responsible for my father's nursing home bill?

  A person's debts may follow them after death, but children are not usually responsible for their parents' nursing home debts unless they agreed to take them on.

• Question - Can I be held responsible for my mother's medical bills?

  This question has been answered by a Caring.com Expert

• Question - How does Medicaid handle dementia patients who are unable to make financial decisions?

  This question has been answered by a Caring.com Expert and a Community Member

• Question - How do I make sure my mother's personal information travels with her?

  This question has been answered by a Caring.com Expert

• Question - If I'm the partner on a friend's checking account, is it legal for me to distribute the funds after death?

  My friend and I had a joint checking account before he died -- he added me to his account. Can I distribute the funds from our joint account now?

• Question - How do I go about getting a conservatorship?

  Unanswered. Can you help?

• Question - How do I set up a conservatorship for my mother?

  This question has been answered by a Caring.com Expert

• Question - How do I resolve a family conflict so I can visit my mother?

  My sister lives with my mother, and is making it hard to visit Mom and make sure she is okay.

• Question - What do I need to know before I sign a nursing home contract?

  This question has been answered by a Caring.com Expert

• Question - How can I direct my mother's medical care if others are named in her power of attorney?

  If people named to act in a power of attorney are not doing their job well, there may be steps you can take to right the wrongs.

• Question - Where can I get free legal advice for elder law?

  Unanswered. Can you help?

• Question - What legal rights to do grandchildren have in determining whether grandma is fit to live alone?

  This question has been answered by a Caring.com Expert

• Question - Am I responsible for my parent's debt?

  Am I responsible for my parent's debt? I recently discovered that my father has several thousand of dollars of debt. Are parent debts transferable?