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OneGrassRoot

(23,423 posts)
Wed May 10, 2023, 12:50 PM May 2023

Any Alabama attorneys here?

Or maybe some of you have gone through this and may know the answer.

I'm redoing my mom's Power of Attorney. I don't live in Alabama, where she is, so my aunt (who does live there) has been the agent for mom's POA since 2012. Unfortunately my aunt's health is declining, accompanied by the onset of dementia, so I need to take over.

The existing durable POA had the typical financial/asset/property POA language but it also inserted a paragraph that covered health care-related issues.

Has something changed since 2012 that requires a separate health care POA document (living will, health care proxy)?

Or was the original POA not done wisely by not having a separate document? It was created by an attorney, btw.

My mom's health is very poor and her dementia makes her moods volatile, and if she has to sign more than one document I don't doubt she'll say she isn't signing anything...lol. I'm going down this weekend to take care of this and have a notary lined up. So if I can use an all-inclusive document like the original, that's preferable.

Thanks!

13 replies = new reply since forum marked as read
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Any Alabama attorneys here? (Original Post) OneGrassRoot May 2023 OP
Why not call the attorney who created the POA and ask him? n/t SheilaAnn May 2023 #1
He's deceased. n/t OneGrassRoot May 2023 #3
Ahh, that does make a difference. I would definitely check with a local atty. though. n/t SheilaAnn May 2023 #4
This message was self-deleted by its author SheilaAnn May 2023 #2
Medical Directive bpj62 May 2023 #5
Medical Directive bpj62 May 2023 #6
That's the way it was for me when I got a POA for my mom. n/t (KS, btw) slightlv May 2023 #8
Thank you! n/t OneGrassRoot May 2023 #9
It may be too late for a new Power if your Mom actually needs a conservator now. Frasier Balzov May 2023 #7
Coffee County OneGrassRoot May 2023 #10
Free POA advice offered by this agency. Frasier Balzov May 2023 #11
Thanks very much! n/t OneGrassRoot May 2023 #12
Best to do both IbogaProject May 2023 #13

Response to OneGrassRoot (Original post)

bpj62

(1,031 posts)
6. Medical Directive
Wed May 10, 2023, 01:29 PM
May 2023

Many states now require a separate Power of Attorney and a Medical Directive that explicitly spells out your mother's wishes as well as the person who is making those decisions. I would reach out to an attorney that handles Estate Planning in the area that your mom lives in. He or she will prepare both documents based on your mother's wishes.
It is pretty straightforward and it will void the prior POA that your aunt has. Not an attorney just have 38 years in the real estate settlement business so I have dealt with POA and Estate issues for years. Good luck.

Frasier Balzov

(3,483 posts)
7. It may be too late for a new Power if your Mom actually needs a conservator now.
Wed May 10, 2023, 01:29 PM
May 2023

Which county does she live in?

At the minimum, an elder law attorney can render an opinion as to whether the existing Power is adequate for all purposes.

OneGrassRoot

(23,423 posts)
10. Coffee County
Wed May 10, 2023, 01:41 PM
May 2023

It’s the fact that her agent (my aunt) has decompensated mentally and physically so suddenly that is making this a bit of an emergency. And I couldn’t make an appt with an atty in Alabama in time, unfortunately.

IbogaProject

(3,647 posts)
13. Best to do both
Wed May 10, 2023, 06:27 PM
May 2023

The are each used in very different situations. Best to keep the separate as their use doesn't overlap much if at all.

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