Which POA form would be best?

B & s caring for dad asked...

My father lives in Indiana he's in a heath care living place . He had several strokes he can't write his name but still somewhat alert . I have a brother that is making sure he's ok but what we are asking is what form of POA would we need so he can manage to pay his bills & his living conditions ?

Expert Answer

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

The type of document you may need is called a durable power of attorney for property and finances. Note, though, that it is your father who must consent to and finalize the document. If he is unable to sign, another person may do so on his behalf, but he must have the mental capacity to understand the document and what it means.

If your father has this capacity, you should be able to get help locating the proper local document through the facility's ombudsman; contact information for that person should be posted at the facility.

If your father's strokes have left him without the mental capacity required to complete a power of attorney, then your brother may need to proceed with a more complicated matter"”securing an adult guardianship or conservatorship"”so that he can step in and manage your father's property and finances. You should be able to find more information about this procedure through the local probate or superior court.