What rights does a healthcare alternate agent have and how can you obtain financial power of attorney?

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A durable power of attorney is a legal document that gives the agent authority to act on behalf of the principal as long as the principal is living unless it is revoked. It is called a durable power of attorney because it endures even after the principal becomes incapacitated and continues on.

So if your mother prepared a medical power of attorney with your stepfather named as the primary agent and then you named as the secondary agent, then if he passed away you would be the sole medical power of attorney now. But if your mother has not given you a durable financial power of attorney to be able to handle her financial affairs, then that would be a very good idea to do now before her mental state deteriorates further.

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I need to ask about what a Durable POA is when I am marked down as a healthcare alternate agent. What does this mean? My mom said she did a VA Advance Directive Durable POA. My stepdad, who died 3 weeks ago, was marked as alt healthcare agent, but I am it now. How do I make sure my mom understands she needs to do the durable where I can have access to her stuff if needed?

Lexi, Chatbot

I understand that navigating these legal documents can be challenging, especially during such a difficult time. Can you tell me if your mother has already created a Durable Power of Attorney (POA) or if she needs assistance in drafting one?

She also has the beginning stages of dementia.

Lexi, Chatbot

Have you discussed with your mother what specific powers you would like to have as her healthcare agent?

No, because she won’t listen.

Legal Eagle

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

Does the VA Advance Directive Durable POA cover the durable POA that I have seen in E-Forms?

Legal Eagle

My mom has been making this difficult as ever. It’s awful. I want to make sure that this type of POA will cover my mom’s finances so I can access if needed. Right now I’m not sure what to think.

Legal Eagle

So just to be clear, there are two types of powers of attorney: financial and medical, and both are completely different forms.

Okay, so is this a different form or something I need to get done?

Okay, so my mom has only a health POA then?

Is that what I’m understanding?

Legal Eagle

I haven't actually seen the document that you're referring to so I can't be 100% sure. But the VA Advance Directive Durable POA typically covers healthcare decisions and may not include financial authority unless explicitly stated. Therefore, if your mother has only executed a healthcare POA, it would not grant you access to her financial matters.

Got it. This is what I need to start with. Thank you for your help!

Legal Eagle

So yes, it would be a good idea to have your mother sign a durable financial power of attorney now just to be on the safe side.

Thank you. I’ll see what I can do. Not easy with an elderly parent.

Legal Eagle

You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question. Have a great afternoon and be safe!

Thank you kindly.

Legal Eagle

Glad to help.

Legal Eagle

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