Monday, March 08, 2010 Cynder asks

Q: Enacting Powers of Attorney

My husband has...

Power of Attorney

Durable Power of Attorney

Appointed my husband as his agent and if a guardian/conservitor needs to be

appointed. He request my husband. My husband is excutor of his fathers will.

My question is......Is there one paper that he can get to prove that he has these powers or does he always have to bring everything as proof. We are also dealing with 2 male siblings. One is addicted to crack and the other is an alcoholic. They are constantly asking dad for money. The one on crack would like to move in with dad and we can not let this happen. What can my husband do to prevent this. We do have doctors statements telling of the concerns from these family members. We were told to get guardianship for his father and we were also told that we didn't need to because everything was covered in his will. Do we need to or not and just how much power does my husband have? Can he tell his brother no?

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Answers (4)

Christine Kennard, Health Guide

3/ 8/10 2:26pm

Hi Cynder

You need to talk to a lawyer about this complex legal situation.

Christine

3/ 9/10 12:37pm

Hi Cynder,

Welcome to this site.

I would think that guardianship is stronger in terms of telling the brothers to stop bothering him. This needs judge's decision to stop them if you want to make use of legal means to stop it. It is best for everyone if your husband can use POA to tell them off, but if it does not work, the guardianship is the strongest one.

Good luck,

Nina

3/ 9/10 5:14pm

Cynder,

The other issue is you need to decide if there is any area that POA is not enough or is not convenient for your husband to carry out his duty.

e.g., some banks do not like POA and they like to have guardian to handle it, or you have to have joined accounts. Do you also have this POA for his health directive or DNR if any? It all depends on whether he has enough power for the issues. From my experience, the financial companies need POA for each company and no universal POA can handle them.

For tax with IRS - it only allows 3 years POA and you would have to re-apply again for it. (I assume he reports taxes for his Dad.) Otherwise, his Dad has to sign the tax returns. For the state tax return, I think one POA is for life.

It all depends on what issue he is dealing with and what documents are required.

Guardianship is the simplest one with one document. But he would have to report to the judge.

Nina

Dorian Martin, Health Guide

3/11/10 11:31am

Hi, Cynder,

I agree with Christine that you should consult a lawyer. I believe that every state's laws are different, so what you may need to do in your state may be different that what I need to do where I live.

Take care and keep us posted!

Dorian

Q: Enacting Powers of Attorney

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