Do I need to file a copy of the durable POA or medical POA with the health department or anything?
March 23, 2025
13
4
Great questions — here’s a quick breakdown:
- Durable POA (DPOA): Lets you manage financial and legal matters on her behalf if she becomes incapacitated.
- Medical POA (MPOA): Allows you to make healthcare decisions if she’s unable to.
- Conservatorship/Guardianship: This is a court-ordered arrangement. It’s used when someone is no longer legally competent to manage their own affairs. It gives broader authority, and is harder to get — but may be necessary if your mother’s decision-making is dangerously impaired (like giving away all her income).
As for the quitclaim deed:
- It transfers ownership of the house.
- If your mother is still legally competent, she can sign it — and no POA or conservatorship is needed.
- But once she becomes incapacitated, that window may close, unless the DPOA covers real estate transactions.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
Do I need to file a copy of the durable POA or medical POA with the health department or anything?
I understand you have questions about filing a durable or medical power of attorney. Have you already completed these documents?
Yes, they will be notarized tomorrow morning.
Are you looking to file these documents for a specific reason, such as accessing medical records or making healthcare decisions on behalf of someone else?
Yes — to get my mother into a physician. She’s 77 and severely declining. She has refused to see a doctor for the last 20 years.
Recently, she’s been giving away her entire Social Security checks to someone in Uganda, so we have no choice but to step in.
Is there anything else the lawyer should know before I connect you?
She also wants to pass the house to my oldest son. But is this something that needs to be done before the durable POA takes effect?
Greetings! I hope this message finds you well. My name is Angelo, and I’m a licensed attorney with over 40 years of experience. Thank you for choosing AskaLawyer. I’ll help clarify this for you.
It’s great that you’ve taken steps to create both a Durable Power of Attorney (DPOA) and a Medical Power of Attorney (MPOA) for your mother — those documents are critical for managing her care and finances.
To answer your first question:
- There is no requirement to file the DPOA or MPOA with the health department or other government office.
- Once the documents are notarized, you simply keep them on hand and provide copies to doctors, hospitals, banks, or any institutions as needed.
- In your case, provide the Medical POA to the physician’s office when scheduling the appointment. They’ll need it to confirm that you’re authorized to make decisions for her.
Okay. I prepared a quitclaim deed for the house.
What’s the difference between a conservatorship, medical power of attorney, and durable POA?
We have the quitclaim deed prepared to be signed tomorrow as well.
Great questions — here’s a quick breakdown:
- Durable POA (DPOA): Lets you manage financial and legal matters on her behalf if she becomes incapacitated.
- Medical POA (MPOA): Allows you to make healthcare decisions if she’s unable to.
- Conservatorship/Guardianship: This is a court-ordered arrangement. It’s used when someone is no longer legally competent to manage their own affairs. It gives broader authority, and is harder to get — but may be necessary if your mother’s decision-making is dangerously impaired (like giving away all her income).
As for the quitclaim deed:
- It transfers ownership of the house.
- If your mother is still legally competent, she can sign it — and no POA or conservatorship is needed.
- But once she becomes incapacitated, that window may close, unless the DPOA covers real estate transactions.
Perfect. Thank you so very much for the clarity — I appreciate it very much.
You’re very welcome! I’m happy I could help.
