How do we activate power of attorney?

Asked over 1 year ago - 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.

Additional information

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. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 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. ******... more
  2. Steven John Clausen

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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.

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Mom's signature puts it in place.

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