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Your parents are the ones to appoint you. In order to do this, they need to be cognitively competent. Usually it's done through an elder law attorney and the document needs to go through whatever the legal finalization process is for their home state: usually notarized in front of 2 non-family witnesses.
An option is to download the templates online from Legalzoom.com or Rocketlawyer.com. Forms are state-specific. You will still need to finalize them in whatever is required for their state. This is a much less expensive option and you can pose questions to the attorneys that work on those websites. This is how my Mom created her documents, but she is single and I'm an only child. It gets dicier if there are other siblings besides you who might decide to contest the PoA if done this way (but that doesn't mean it won't hold up).
The only other option (if your parents are not longer cognitively capable of creating a PoA) is for you to option guadianship through the courts.
I greatly appreciate your response & suggestions. My parents already have an Attorney. My parents Attorney in Michigan, supposedly told them it was illegal for me to collect an inheritance from their Estate & also be their DPOA in conjunction with my sister, because I’m on SSDI. UGH! I can’t get this through my father’s head-NOT TRUE & NOT ILLEGAL! Unfortunately-my mother has Dementia, but my Father is Healthy & he’s her DPOA- unless something happens to him. Then- My Sister has been appointed to be both of my parent’s DPOA. This SCARES me!
I’m afraid if something happens to my Father (he passes away 1st) my Sister will move out of state & I will have no contact with my Mother.
Again, my father says that’s he’s willing to change their Estate/Will for my Sister & I to have Dual/Equal Power with his Attorney, but the information the Attorney is telling my Father isn’t correct.
I believe my Sister told him the incorrect information & purposely.
What can I do to prove that he’s wrong?
You’re right. Most Attorney’s will suggest 2 Siblings (especially Sisters) don’t have Equal DPOA. It could cause conflicts, but we both want what’s best for our parents. At least, I do! My Sister is a control freak & extremely secretive. My Sister & Brother/in-Law have mooched off my parents for 30+ years & still do. HELP!
Unfortunately I repeatedly have looked at this same Article & Website numerous times, I also viewed every article associated with this article & the Nolo Web Link/Site.
This Article states nothing about appointing both of your adult children to have equal DPOA in Michigan, if something happens to parents- & one of your Adult Children is on SSDI.
This Website & Law Firm, does offer internet chat to answer any questions that you might have! Just Kidding- NO they absolutely DO NOT!
They just want to get your contact information, so you can hire them to be your Attorney. If you/your parents already have an Attorney, (My Parents do) they have no interest in answering your questions.
I can’t believe, I can’t find this information online? Is it a SECRET?
An DPOA is an appointed person to make decisions for someone else. The DPOA could be self-employed, an employee, a stay-at-home parent. Why not SSDI benefits? Unless the disability stated has known effects on cognition or decision making.
I wouldn’t expect SSDI to be impacted by serving as DPOA unless you are being compensated for your work and are earning more that the amount allowed. Then the amount of income from SSDI might be reduced if you are earning too much. SSDI doesn’t have a limit on assets so I wouldn’t expect an inheritance to be an issue.
SSI, however, does limit both earnings and assets, since it is a needs based program.
Many family members are not compensated for their work so it often isn’t a problem, but your situation may be different. I can’t see it being illegal unless you are being paid so much that it looks like elder abuse.
If you worked with a lawyer for your SSDI claim, they may be able to definitively address the issues from the point of view as to whether your benefits could be at risk.
I don’t need my parents money to take care of them.
My major concern is that my parents are telling me that their Attorney has advised them on various things that aren’t true. Telling my parents that it’s illegal for me to receive an inheritance from them & be appointed their POA, because I’m on SSDI. Ludicrous! This doesn’t even make sense.
I’m concerned my parents signed legal documents that they don’t truly understand & they’re paying someone that should know the Law, Right?
Ok- What I really believe? My parents Attorney never told my parents any of this & it wasn’t even discussed in reference to me.
My parents have been coached my Sister, but know they’re not correct, either.
Hopefully, this makes sense to whomever is reading this.
Sure, as long as you are A) knowledgeable about the LEGAL fiduciary duty and capable of doing it B) clear about the necessity of keeping meticulous records of every penny into and out of your parent's accounts if you ever have to take over their finances for them C) smart enough and able to deal with all entities you might have to deal with ongoing.
By this I am suggesting that you have no mental impairment that would preclude your acting in the best interests of your parent.
Read the duties of the POA and do know this is a TOUGH JOB with legal ramifications, and you may want to choose not to do it.
Like I said previously, I’m on SSDI & take care of myself 100% (Mentally, Physically & Financially).
I also collect the max amount on SSDI,
I don’t have a Beneficiary or POA for myself being on SSDI. I don’t have any mental impairments that would cause me not to understand anything.
I’m very intelligent & educated.
I also understand & extremely capable of ALL your A, B, & C comments that you stated in your reply.
However it’s still a great point for others that do have a mental impairment.
I understand All the responsibilities of being someone’s DPOA.
Sadly my Parents & Sister don’t understand anything regarding: An inheritance, Will/Trust, SSDI/SSI Benefits, what a POA is, & more!
I don’t think being someone else’s POA is a Tough Job. If you don’t do anything illegal, you won’t have legal ramifications.
My Parents already have an Attorney. When I’m appointed as my their dual DPOA with my Sister, I can always contact their Attorney for any questions or concerns that arise.
I greatly appreciate your comments & assistance in advance.
Farah, you answered another posters question about bank account being closed:
"Hello!
Why wouldn’t you just take your Mother off any Financial Accounts like yesterday, today, or tomorrow?
If your Mother has been diagnosed with Dementia, then she’s deemed to be incompetent- Obviously.
The only person that should be on her & your Bank Account is- YOU!
All of your mother’s money can go directly into your bank account & you can do whatever you want with it.
You’re your Mother’s he POA & she’s incompetent, This is the Dementia Law in Michigan.
I wish the money for people with Dementia would go into a Trust instead, not an individual’s Bank Acct,
However if the Bank doesn’t ask, then they don’t know.
Your greatest concern- should be that your Mom could possibly take money out of her account, write a check, use her Debit or Credit Card with the assistance of someone else.
Do you have an Attorney? You can always ask someone at your Bank or go to another bank. Just ask them about your Mom having Dementia & being a joint Account Holder, right?
My Mother has Dementia too, but my Father is still alive & competent.
Always interesting to find out other laws in different countries."
I don't think you understand much about being POA.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
An option is to download the templates online from Legalzoom.com or Rocketlawyer.com. Forms are state-specific. You will still need to finalize them in whatever is required for their state. This is a much less expensive option and you can pose questions to the attorneys that work on those websites. This is how my Mom created her documents, but she is single and I'm an only child. It gets dicier if there are other siblings besides you who might decide to contest the PoA if done this way (but that doesn't mean it won't hold up).
The only other option (if your parents are not longer cognitively capable of creating a PoA) is for you to option guadianship through the courts.
My parents Attorney in Michigan, supposedly told them it was illegal for me to collect an inheritance from their Estate & also be their DPOA in conjunction with my sister, because I’m on SSDI.
UGH!
I can’t get this through my father’s head-NOT TRUE & NOT ILLEGAL!
Unfortunately-my mother has Dementia, but my Father is Healthy & he’s her DPOA- unless something happens to him.
Then- My Sister has been appointed to be both of my parent’s DPOA.
This SCARES me!
I’m afraid if something happens to my Father (he passes away 1st) my Sister will move out of state & I will have no contact with my Mother.
Again, my father says that’s he’s willing to change their Estate/Will for my Sister & I to have Dual/Equal Power with his Attorney, but the information the Attorney is telling my Father isn’t correct.
I believe my Sister told him the incorrect information & purposely.
What can I do to prove that he’s wrong?
You’re right. Most Attorney’s will suggest 2 Siblings (especially Sisters) don’t have Equal DPOA.
It could cause conflicts, but we both want what’s best for our parents. At least, I do!
My Sister is a control freak & extremely secretive.
My Sister & Brother/in-Law have mooched off my parents for 30+ years & still do.
HELP!
Unfortunately I repeatedly have looked at this same Article & Website numerous times,
I also viewed every article associated with this article & the Nolo Web Link/Site.
This Article states nothing about appointing both of your adult children to have equal DPOA in Michigan, if something happens to parents- & one of your Adult Children is on SSDI.
This Website & Law Firm, does offer internet chat to answer any questions that you might have!
Just Kidding- NO they absolutely DO NOT!
They just want to get your contact information, so you can hire them to be your Attorney.
If you/your parents already have an Attorney, (My Parents do) they have no interest in answering your questions.
I can’t believe, I can’t find this information online?
Is it a SECRET?
HELP! 🥲
An DPOA is an appointed person to make decisions for someone else. The DPOA could be self-employed, an employee, a stay-at-home parent. Why not SSDI benefits? Unless the disability stated has known effects on cognition or decision making.
I’m not that individual.
Great information to point out, though.
Appreciate your reply.
🙏Thank you!
SSI, however, does limit both earnings and assets, since it is a needs based program.
Many family members are not compensated for their work so it often isn’t a problem, but your situation may be different. I can’t see it being illegal unless you are being paid so much that it looks like elder abuse.
If you worked with a lawyer for your SSDI claim, they may be able to definitively address the issues from the point of view as to whether your benefits could be at risk.
https://www.ncoa.org/article/ssi-vs-ssdi-what-are-these-benefits-how-they-differ
I don’t need my parents money to take care of them.
My major concern is that my parents are telling me that their Attorney has advised them on various things that aren’t true.
Telling my parents that it’s illegal for me to receive an inheritance from them & be appointed their POA, because I’m on SSDI.
Ludicrous!
This doesn’t even make sense.
I’m concerned my parents signed legal documents that they don’t truly understand & they’re paying someone that should know the Law, Right?
Ok- What I really believe?
My parents Attorney never told my parents any of this & it wasn’t even discussed in reference to me.
My parents have been coached my Sister, but know they’re not correct, either.
Hopefully, this makes sense to whomever is reading this.
I appreciate your reply & suggestions.
🙏Thank you!
By this I am suggesting that you have no mental impairment that would preclude your acting in the best interests of your parent.
Read the duties of the POA and do know this is a TOUGH JOB with legal ramifications, and you may want to choose not to do it.
I also collect the max amount on SSDI,
I don’t have a Beneficiary or POA for myself being on SSDI.
I don’t have any mental impairments that would cause me not to understand anything.
I’m very intelligent & educated.
I also understand & extremely capable of ALL your A, B, & C comments that you stated in your reply.
However it’s still a great point for others that do have a mental impairment.
I understand All the responsibilities of being someone’s DPOA.
Sadly my Parents & Sister don’t understand anything regarding: An inheritance, Will/Trust, SSDI/SSI Benefits, what a POA is, & more!
I don’t think being someone else’s POA is a Tough Job. If you don’t do anything illegal, you won’t have legal ramifications.
My Parents already have an Attorney. When I’m appointed as my their dual DPOA with my Sister, I can always contact their Attorney for any questions or concerns that arise.
I greatly appreciate your comments & assistance in advance.
🙏Thank you!
"Hello!
Why wouldn’t you just take your Mother off any Financial Accounts like yesterday, today, or tomorrow?
If your Mother has been diagnosed with Dementia, then she’s deemed to be incompetent- Obviously.
The only person that should be on her & your Bank Account is- YOU!
All of your mother’s money can go directly into your bank account & you can do whatever you want with it.
You’re your Mother’s he POA & she’s incompetent,
This is the Dementia Law in Michigan.
I wish the money for people with Dementia would go into a Trust instead, not an individual’s Bank Acct,
However if the Bank doesn’t ask, then they don’t know.
Your greatest concern- should be that your Mom could possibly take money out of her account, write a check, use her Debit or Credit Card with the assistance of someone else.
Do you have an Attorney?
You can always ask someone at your Bank or go to another bank.
Just ask them about your Mom having Dementia & being a joint Account Holder, right?
My Mother has Dementia too, but my Father is still alive & competent.
Always interesting to find out other laws in different countries."
I don't think you understand much about being POA.