how to force an accounting of a power of attorney for a parent

How to get power of attorney for a parent?

How to Get Power of Attorney for a Parent (Without Overstepping) Discuss the Issue With Your Parent (and Possibly Other Family Members). Since your parent is the only person who can... Consult With Your Parent's Financial Institutions and/or Healthcare Providers. You and your parent may create a ...

Can a parent act on their own behalf with a PoA?

A POA only allows someone to do the things that are agreed upon within the document. If your parent signs a POA allowing someone to act on their behalf, they can still act on their own behalf so long as they retain the capacity to do so.

What is a power of attorney for finances?

A power of attorney for finances is a document that appoints a person — or sometimes an institution such as a bank or trust company — to handle someone’s financial affairs.

Why would a parent sign a medical power of attorney?

Your parent may create a medical POA agreement in order to grant you the power to do things like choose his or her doctors, decide between treatment options, select the most appropriate long-term care or living options, hire caregivers, and communicate his or her wishes in an end-of-life situation.

How do I get power of attorney over my elderly parent?

The first step to getting power of attorney over an elderly parent is to research powers of attorney, understand how these documents work in your s...

What are the four types of power of attorney?

The four types of power of attorney are limited, general, durable and springing durable. Limited and general POAs end when the principal becomes in...

Can I get a power of attorney if my parent has dementia?

No, if your parent already has cognitive impairment, they can’t legally sign the documents required to set up a power of attorney. This is one reas...

What are the disadvantages of a power of attorney?

The biggest drawback to a power of attorney is that an agent may act in a way that the principal would disapprove of. This may be unintentional if...

Is power of attorney responsible for nursing home bills?

As your parent’s power of attorney, you’re responsible for ensuring their nursing home bills are paid for through their assets and income. However,...

Why do you need a power of attorney for your parent?

Arranging a power of attorney for your parent is a good way to open up a discussion with them about their wishes and needs for the future. Jeter continues, “Having those respective POAs in place means that an elderly parent has had time to think about what they really want for their medical care and their finances when they aren’t coherent to make such decisions.”

How to get a power of attorney for an elderly parent?

The first step to getting power of attorney over an elderly parent is to research powers of attorney, understand how these documents work in your state and the scope of available powers. Talk to your parent so they understand why you want to take this step and the benefits and drawbacks of the action. Consult a lawyer who can help you draw up a document that details your parent’s rights and the agent’s responsibilities, whether that’s you or another person. Finally, execute the document by getting all parties to sign it and have it witnessed as required by state law.

How does a durable power of attorney work?

A durable power of attorney lasts after the principal’s incapacitation. What you can do with a durable POA is based on both the document and state laws. In some cases, you may only be able to manage the principal’s finances and will need a separate medical power of attorney to make health care decisions. These POAs are used when a person can no longer handle their affairs, and it can end in several ways. They can be revoked upon the principal’s death or when a guardian is appointed. The principal can revoke the POA if they’re no longer incapacitated. For example, if a person wakes from a coma, they can take back control of their finances. There may also be conditions in the document that, if fulfilled, end the POA. A durable power of attorney comes into effect on the day it’s signed unless otherwise specified.

What is a POA in 2021?

Last Updated: July 16, 2021. A power of attorney (POA) can be an important element of planning for your elderly parent’s future. It allows another person to take action on your parent’s behalf, ensuring bills get paid and medical decisions can be made in the unfortunate circumstance that your elderly parent is unable to do those things on their own ...

How many witnesses do you need to sign a letter of attorney?

A notary public or attorney must witness your loved one signing the letter of attorney, and in some states, you’ll need two witnesses. The chosen agent must be over 18 and fully competent, meaning they understand the implications of their decision. When filling out the form, the parent must specify exactly which powers are transferring to the agent.

What is a medical POA?

A medical POA is different from a living will , which states what medical procedures a principal does and does not want done. In the case of a medical POA, the agent can make all health care decisions for the principal. Because of this, your parent needs to make their wishes known to the agent before they’re incapacitated. The American Bar Association has detailed information available about medical powers of attorney and the process of giving someone that power.

How to get a POA?

When you’re ready to set up the POA, follow these steps: 1 Talk to Your Parents: Discuss what they need in a POA and what their wishes are when it comes to their finances and health care. You must also confirm their consent and make sure they agree with everything discussed. 2 Talk to a Lawyer: Everyone who gets a POA has different needs and the laws are different in each state. It’s important to get legal advice so that your parent’s wishes are taken into consideration and the document is legal. 3 Create the Necessary Documentation: Write down all the clauses you need that detail how the agent can act on the principal’s behalf. This ensures your parent’s wishes are known and will be respected. Although you can find POA templates on the internet, they are generic forms that may not stand up to legal scrutiny and probably won’t have all the clauses you require. 4 Execute the Agreement: Sign and notarize the document. Requirements for notarization and witnesses differ, so make sure you check what’s required in your state.

How to Get a Full Accounting from Power of Attorney Regarding My Mother's Money

My question involves estate proceedings in the state of: California My mother, who had medically documented issues of memory loss/poss dementia in 2016, made her oldest son POA in Jan of 2017. She had a stroke in April of 2017 and passed beginning of June 2017. In Jan 2017 there was approx $100k, probably more in the trust/bank.

Re: How to Get a Full Accounting from Power of Attorney Regarding My Mother's Money

If the probate estate is still open, the administrator can consider whether or not to file a petition to try to recapture assets, and in association to try to compel the former power-of-attorney holder to account for the use of assets, through the probate proceedings -- but it will be necessary for the estate to retain a lawyer to file a lawsuit against that son. An accounting for the trust relates only to that period of time for which the trust is operative, and only for trust assets..

How to get a power of attorney for a parent?

Broadly speaking, you get power of attorney for a parent by having him or her name you as the agent in a POA document that he or she has signed while sound of mind. However, the process is rarely as simple as it seems, especially when it comes to ensuring that your power of attorney will be recognized by third parties. Things can also become more complicated if you're trying to get power of attorney for a sick parent who is already suffering from dementia or another terminal illness or incurable condition that affects his or her ability to communicate or make reasoned decisions.

What is the duty of a power of attorney agent?

The duty of a power of attorney agent is to always act in the best interests of the principal.

What is POA agreement?

Depending on the particular agreement, a power of attorney covers a broad or narrow set of responsibilities, usually related to financial and/or medical and caregiving matters.

What is Durable Power of Attorney?

So, what is a durable power of attorney? It's an agreement that goes into effect right away and gives an agent the authority to carry out his or her specified responsibilities even after the principal becomes incapacitated. Essentially, the difference between a "general power of attorney" and a "durable power of attorney" is that a general POA terminates when the principal is deemed to lack capacity, whereas a durable POA stays valid beyond that point. In most cases, a durable power of attorney covers financial responsibilities, but some people also use it to cover certain duties related to caregiving or healthcare.

What is POA in law?

A POA document is generally a written agreement between two people: (1) the principal (sometimes called the grantor) and (2) the agent (sometimes called the attorney-in-fact). The agent is the person appointed to act on behalf of the principal. So your parent (the principal) can grant you (the agent) certain powers of attorney.

How to sign as a POA agent?

For example, you sign as a power of attorney agent by using a formula like "Your Parent's Name, by Your Name under POA." (If your name was John Doe and your parent's name was Jane Doe, your signature would be "Jane Doe, by John Doe under POA.")

When does a springing POA take effect?

Unlike most other types of POA documents, a springing POA agreement doesn't take effect until a specified date or a particular event takes place. For example, your parent may not want you to have any authority until he or she becomes incapacitated or turns a certain age.

What is Durable Power of Attorney?

Durable – allows you to choose an Attorney-In-Fact to manage your financial affairs like paying simple bills or managing investments. A secondary agent should be named if the first choice is unavailable when needed. To specify that the document goes into effect immediately, the document must be specified as “Durable”, or it ends upon your incapacitation. It becomes null and void upon death of the individual. You can put into place a “Springing Durable” Power of Attorney which only takes effect if your physician certifies that you are incapacitated. (Additional resource: NJ Goverment Durable Power of Attorney FAQ)

What is the problem with a POA?

“One of the biggest problems with any power of attorney is there is no guarantee that it will be accepted or recognized by third parties. For example, if the purpose of the Durable Power of Attorney is to deal with governmental agencies, such as the Social Security Administration, the Veterans Administration or the Internal Revenue Service, one must either use the agency’s special Power of Attorney form, or make sure that the Durable Power of Attorney presented to the agency contains the special wording required by each agency’s particular form.” (Source:

Does New Jersey require a power of attorney?

New Jersey does not require that the Durable Power of Attorney document be completed by an attorney. Since dad had downloaded and revised the online form, I brought it to the hospital for him to sign, a friend met us there to notarize it and two family members served as witnesses.

Can a hospital witness a power of attorney?

However, hospitals often allow their staff to witness a Healthcare Power of Attorney document.

Can you sign a POA after your name?

When we go to the doctors office, I often sign the payment guarantee forms with POA after my name. Never just sign the form. It is your signature with POA after it that should absolve you of any financial responsibility. But read the forms carefully. For example, if I was admitting my mother to a facility: “Many admission agreements include provisions that the child who is executing the document may also be acting not only as a legal agent for the prospective resident but as a ‘responsible party’ who, separate from the prospective resident, makes certain promises in the contract, which can include making the parent’s financial resources available for the payment of care. Read more: Bankrate answers “Can wages be garnished as POA?”

What is a power of attorney?

In a nutshell, a power of attorney makes you an attorney-in-fact for your loved one. These agreements empower an agent, typically a loved one or relative, with the legal right to make life-altering decisions on their behalf.

What does a financial power of attorney do?

When you have the financial power of attorney, your financial decisions should align with what your parent would want if they were in a position to have their voice heard. The same goes for medical power of attorney, where you may need to make decisions that they would also make.

What happens if a POA isn't durable?

If your POA agreement isn’t durable, the document could lose its power once your parent becomes mentally incapacitated. There are some other legal ramifications as well – the arrangement may fail to go into effect given a few different circumstances.

What to do if your parent wants your livelihood decisions in the right hands?

If your parent wants their livelihood’s decisions in the right hands, they need to arrange a power of attorney for you or someone they trust.

How to get a power of attorney if you don't have an attorney?

If, however, you do not use an attorney, make sure you follow these steps: Have your parent sign and date any power of attorney documents. Have the agent (possibly you) sign and date the documents. Acquire a notary or get two blood-related witnesses to sign and date.

Why is neglecting a power of attorney important?

That’s because the likelihood of needing a responsible decision-maker looking out for your best interests increases with age.

What does a springing POA mean?

In contrast to a durable POA, a springing power of attorney means that your agreement doesn’t go into effect until something specific happens. These stipulations go into effect when a medical issue or anything that causes incapacity occurs.

What is a power of attorney for an aging parent?

When you have power of attorney over an aging parent, this is a form of permission for you to make decisions that your parent necessarily cannot. As we mentioned in the intro, you must draw up a legal document that’s signed by both parties for the power of attorney transfer to be legally binding.

Who decides if you need a power of attorney?

Your parents are ultimately the ones who will determine if they want someone to have power of attorney over them. Ideally, they should discuss with you or another adult child the provisions of the power of attorney documentation years before they need the kind of care outlined therein. Doing so ensures they’re of sound mind and the power of attorney can go through without a hitch if needed.

What does a springing POA grant you?

Instead, the provisions of a springing POA grant you the power to make legal decisions only if and when certain circumstances arise. For example, maybe your parent becomes incapacitated.

What is a durable power of attorney?

A durable power of attorney would follow the steps outlined in the intro. When both parties sign the document, the durable POA goes into effect for you to act on behalf of your parent.

How old do you have to be to get a POA?

You may not realize this but it’s a good idea for anyone over the age of 18 to have a Power of Attorney (POA).

How long can you keep a power of attorney?

Maintain this power of attorney until one or both parties wants to revoke it

Is a POA durable?

Non-Durable Power Of Attorney. As the name suggests, a non-durable POA is not as long-lasting. Should your parent become incapacitated from injury, illness, or disease, then your rights as power of attorney significantly lessen.

What does POA mean in a power of attorney?

The POA gave you the authority to act on his behalf in a number of financial situations, such as buying or selling a property for him or maybe just paying his bills.

Who can deal with a POA?

His estate owns it, so only the executor or the administrator of his estate can deal with it during the probate process. 1 .

What happens if your parent names you as co-owner of his bank account?

But if your parent listed you as co-owner of his bank account or even on the deed to his home, giving you "rights of survivorship," the account or the property passes automatically and directly to you at his death. Probate of these assets would not be necessary. 8

Who is the executor of a deceased person's estate?

The two roles are divided by the event of the death. In some cases, however, the agent in the POA might also be named as executor or administrator of the estate.

When do you have to file a will for your parents?

Your parent's will must, therefore, be filed with the probate court shortly after his death if he held a bank account or any other property in his sole name. This begins the probate process to legally distribute his property to his living beneficiaries.

Can you be named as executor of deceased bank account?

You would continue to have authority over the deceased's bank accounts and other assets if you're also named as the executor or administrator, at least until ownership can be transferred to living individuals.

Can a deceased person be appointed as an administrator?

The court will appoint an administrator to settle the estate if the deceased didn't leave a will. You can apply to the court to be appointed as administrator, and the court is likely to agree if the deceased left no surviving spouse, or if his surviving spo use and his other children agree that you should do the job. 4