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Some sound advice... Posted by Ari [Email] (#2847) [Profile/Gallery] (more from Ari) on Wed, 1 Feb 2006 05:26:46 In Reply to: You're already in trouble....., Herb Hirsch [Profile/Gallery] , Tue, 31 Jan 2006 18:33:18 Members do not see ads below this line. - Help Keep This Site Online - Signup |
See an attorney. And don't wait.
As someone who has (unfortunately) had need of POA for various family members, I can say that a properly executed one is a great thing to have at a time when the last thing you want to talk about is legal issues.
They also come in different flavors - there is a financial POA, and a Medical POA. They can be written as loose or restrictive as the person offering to give up some power wants. A financial POA is pretty obvious - you can make financial decisions on someone's behalf, sell property, write checks. A medical POA may be as simple as allowing doctors to provide you with medical information. With the new HIPA rules, most doctors shy away from providing any info, even to direct family members. The person needing care may not be capable of giving permission.
Consult a lawyer. And I recommend someone that deals in probate law, not just the guy that handles car crashes and coffee burn suits at MacDonalds. A probate/estate lawyer has seen the full gamut of problems, and believe me, there can be some real doozies. You've never seen problems until an estate comes up.
Yes, it isn't cheap. But it'll save money in the long run. In my case, we saved money by having the lawyer draw up papers for me, my wife, and my mother-in-law, all at the same time. We each have a financial POA, medical POA, living will, and estate will. Never assume you don't need one - you could be hit by a bus tomorrow.
Now that my Mother-in-law is having medical problems, having a medical POA on file with her doctors makes my wife's life and my life much easier.
Another hint - it never hurts to get someone's name (like your wife's) on various bank accounts. Yes, you may have a POA, but if her name is on the account, she can write checks and get statements (checkbooks need balancing) without needing to wave a legal document around.
Of course, a POA of any kind is a major statement of trust on someone's part. Don't assume it will be given freely or quickly; and if you give it for someone else, be very, very sure of what you're doing.
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