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How do we activate power of attorney?

Austin, TX |

My mother is 75 and is showing signs of dementia but has not been diagnosed. She's trying to move her money because she thinks that because my sisters name is on her bank account her apartment manager will think she lives with her and she will be evicted. My sister has been on her account for about two years so she is just now getting confused about this. My sister is listed as her POA and we need to know what we need to do to get that activated so that she can get control of her finances before she puts herself in a bad position by not paying bills etc.. My mother lives in Des Moines Iowa.

She does not agreed to sign power of attorney over to my sister. So I guess the question is how do we do it without her consent?

Attorney Answers 3

  1. Best answer

    You may want to consider re-posting this summary using an Iowa location to insure that more Iowa lawyers actually see it. Generally speaking, the POA allows you to act on behalf of your mother, but it does not prevent her from doing so. If she is making transactions that place her at risk, then you may need to obtain guardianship/conservatorship, in order to put this to a stop.

    As far as the POA is concerned, it is either activated as soon as it is signed or once the terms dictate. Typically, a POA that does not take effect right away takes effect upon a determination by a court or two physicians that the principal no longer has capacity to act.

    An attorney can help you with this process.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  2. You need to look at POA to determine if it is effective immediately or whether it is a springing DPOA where a doctor's written determination of incapacity is needed. In addition, agent would need an original of the excuted document to act in most cases unless the document says third parties can rely on copies of the executed document.

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