It is getting close to time that my brother and I have to get our mother’s financial affairs together. She has been living in an Assisted Living facility for almost 2 years, but because of declining health may be moving to a Nursing Home fairly soon. She also has brief episodes of confusion occasionally. She has a Durable Power of Attorney for Health and HIPAA. My brother insists that this is all we need, but I am pretty sure we need a separate Power of Attorney for Financial. I am only a signer on her bank account but it is not a joint account. She also already has an Advanced Directive. If her confusion gets worse, there are going to be issues regarding finances. Could someone give me clear advice on this?
It seems that Alabama may be different! :)
I found this:
"Use the Alabama Power of Attorney document if:
You wish to give someone broad authorization to act for you if you are absent or incapable.
You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.
You may designate the Power of Attorney as "general," granting broad powers to control your financial, health, legal, and other matters, or "special," granting power for only specific situations.
The Alabama Power of Attorney is specific to the laws of the state of Alabama and should be created by residents of Alabama and signed in front of a Alabama notary public."
I think the best thing to do is read the DPOA you have really thoroughly and check it's covered all your bases. Did your mother appoint your brother only, or both of you?
If your mom has plenty of money for private pay, then again, may not need an attorney, but it’s a great feeling to go to a certified elder attorney and have them look over mom’s current paperwork and know all is well and you are in good shape if and when Medicaid is needed. Mom’s funds should pay for the attorney.