# Power of Attorney



## rkunsaw (Oct 26, 2019)

My wife has Alzheimer's and is resistant to any change, but we are going to need to sell our house and move soon.

 Our real estate agent suggested I get power of attorney. It would be terrible if we find a buyer for the house and my wife refused to sign.

 I don't know anything about getting power of attorney. Anyone here have any information???


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## mathjak107 (Oct 26, 2019)

see an attorney ...there is nothing more to know. depending on state these can be very complex .


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## Ken N Tx (Oct 26, 2019)

rkunsaw said:


> My wife has Alzheimer's and is resistant to any change, but we are going to need to sell our house and move soon.
> 
> Our real estate agent suggested I get power of attorney. It would be terrible if we find a buyer for the house and my wife refused to sign.
> 
> I don't know anything about getting power of attorney. Anyone here have any information???


Searched the web...>>>CLICK HERE<<<


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## mathjak107 (Oct 26, 2019)

i would never do legal forms like power of attorney , will or trusts on my own ... why ? because there are pitfalls and no do overs ..

take our state for example :  
 The main thrust of a power of attorney is to appoint an agent to act on an individual’s behalf with respect to financial matters in case such individual becomes incapacitated. Many people innocently refer to this document as one that is “simple” to prepare. This could not be further from the truth. Firstly, New York State passed legislation effective September 2009 in an attempt to create a statutory form that would be uniformly accepted. This legislation was the result of tremendous abuse that was found in this particular area, with some appointed agents taking advantage of the disabled and elderly.

The new power of attorney law results in a much lengthier document, and significantly restricts the actual power given to the agent over financial matters. If transfers are to be made on behalf of the principal, a separate gift rider must be executed. The gift rider must specifically articulate the agent’s power to make gifts to himself/herself or to third parties. Further, any additional powers beyond those enumerated in the statute, must be added to a modification section. Finally, while the law mandates banks, brokerage houses and other financial institutions to recognize the power of attorney, the form utilized must be statutory. Accordingly, if someone decides to cut corners and download a form from the internet, this may result in a tremendous disservice because if the form is not statutory, it does not have to be legally recognized. The power of attorney is an extremely important tool for estate and elder law practitioner. If the principal incorrectly drafts and/or executes this form, his/her ultimate plans regarding Medicaid eligibility or gifting to loved ones could be completely stymied. It is imperative to have this document prepared by an experienced practitioner.


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## treeguy64 (Oct 26, 2019)

mathjak107 said:


> SNIP! ......if the form is not statutory, it does not have to be legally recognized. SNIP!  It is imperative to have this document prepared by an experienced practitioner.


LEGAL DISCLAIMER: What follows is my personal opinion. I am NOT an attorney. If you are unsure of any legal matters, whatsoever, consult with a licensed attorney.

Bah! Typical legalese double talk from someone who either is/was a lawyer, has a relative who's a lawyer, or got burned in a legal proceeding.

Yeah, the form must be statutory. Ooh, sounds scary, right?  Statutory, as it pertains to law, means: Those *requirements* which are applicable by virtue of law enacted by the government. So, in a nutshell, you need to know what your ruling body requires for a poa. That's not hard to find out, if you're sharp enough to do your own research. I totally understand that many will not trust themselves, here. From them, the lawyers will extract their pound of flesh.

Lawyers scare folks into thinking that they absolutely need them for any number of things. Again, if you can do your own research, and do it well, you'll be fine drawing up your own legal documents, especially if you use the internet for a bit of guidance, but don't trust it, blindly.

I fully admit, here, that my take on the above is skewed, as I've been writing legal documents since I was eleven. I've been told by attorneys that I could teach contract law. I've successfully sued parties who violated contracts I wrote, and I've sold properties using my own filings that stood up in legal proceedings. I also handled my own divorce, which involved property.

In the case of someone who is, demonstrably, NOT mens sana in corpore sano, AND has had medical rulings to that effect, there is legal precedent wherein a spouse who IS shown to possess a clear mind and the ability to accurately interpret reality, has been given the legal right to settle affairs on behalf of the ailing spouse. This does get tricky if there are opposing parties who may have a financial interest in acting against the spouse who is trying to gain control of a given estate. 

It's of utmost importance, then, that the ailing spouse be thoroughly evaluated by medical professionals, and, here, the more the merrier! Such medical determinations must hold up, in court, if challenged, so be sure that whomever you use for the evaluation of your wife, knows that he/she may be called on to testify in legal proceedings on their evaluation.

The more narrowly prescribed your power of attorney is, in a specific matter, the greater your chances of success, and the less chance you'll be challenged.

In your case, you feel that you need this power to sell the house your ailing wife may not want to part with. As long as your wife can make a coherent, cogent plea that shows why she doesn't want to move, I strongly doubt you'll prevail. If there are other parties who champion your wife's take on this matter, your chances get even worse.

So, yeah, you can go and spend some fairly big bucks on an attorney, for the above, but, if your wife still has enough wherewithal to state her case, I think you'll be wasting said bucks.

BTW, why must you sell your house? That can be a tricky thing to substantiate, legally, as well. You'll need all the evidence you can come up with, to even begin to get the court to take your point of view. 

Good luck!


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## rkunsaw (Oct 26, 2019)

treeguy64 said:


> In your case, you feel that you need this power to sell the house your ailing wife may not want to part with. As long as your wife can make a coherent, cogent plea that shows why she doesn't want to move, I strongly doubt you'll prevail. If there are other parties who champion your wife's take on this matter, your chances get even worse.



Both of my wife's daughters agree that I should get power of attorney. The reason for selling is we have too much to take care of, I am the only one to take care of my wife and we can move where her daughter can help with my wife.

I don't think a lawyer would be too expensive so I'm going to take mathjak's advice and call one Monday.


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## mathjak107 (Oct 26, 2019)

the words nothing is a problem until  it is a problem has never been truer than with these  types of documents ..   if you trhink the price of getting them done by a good competent attorney is costly , then see what free can cost when things go wrong .

we already hit not one but two snags in wills and a trust that cost us severely ...

when we went looking for our own estate attorney  i brought the documents deemed incomplete and defective to see what they could see was wrong .. our guy picked up on it in both cases .  these were done originally by two different  general practitioners not estate attorneys by two different families not related .. only common denominator was we were heirs . it cost us loads of money to deal with plus the wishes were never carried out because the will was missing verbiage


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## Tommy (Oct 26, 2019)

Talk with your attorney.  We have used powers of attorney on a number of occasions and have always found it well worth the cost to have them drawn up by the lawyers. This area of law is very state-specific.

Is your wife still mentally competent to make financial decisions for herself?  If so, then *she* is the one who must grant the power of attorney.  If she's no longer capable of making such decisions, then you're looking at getting a "conservatorship" rather than a POA.

IMO, *if* relationships within the family are good, then establishing a well-written "Durable Power of Attorney" for one's spouse and children while you are still mentally competent to do so can be a wise and thoughtful move.

(You should also think setting up Healthcare Powers of Attorney/Advanced Directives.  Some hospitals will help you do this at no cost.)

*

*


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## mathjak107 (Oct 26, 2019)

last month our LLC   was selling off the last of the properties we owned . 6 days before the closing our senior partner died ....luckily all the documents we needed were in place and correct so the closing took place as planned .


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## 911 (Oct 26, 2019)

I don’t have any extra information, but I wanted to let you know that I am sorry that your wife has to suffer through this terrible disease.


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## Keesha (Oct 26, 2019)

Tommy said:


> Talk with your attorney.  We have used powers of attorney on a number of occasions and have always found it well worth the cost to have them drawn up by the lawyers. This area of law is very state-specific.
> 
> Is your wife still mentally competent to make financial decisions for herself?  If so, then *she* is the one who must grant the power of attorney.  If she's no longer capable of making such decisions, then you're looking at getting a "conservatorship" rather than a POA.
> 
> ...


Very good advice.


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## Butterfly (Oct 26, 2019)

I would stress that  the law in this area is governed by state law.  Each state has its own requirements, statutory forms, etc.  *So*, good advice for, say, New York, is worthless for, say, New Mexico.  

Rkunsaw, check with an attorney who is licensed in your state to get answers.  Most states have senior citizens' law offices, which provide good advice and document preparation for free or at greatly reduced rates.  Or you can call your state bar for a referral.

What you do MUST be very specific for what your state requires.


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## SeaBreeze (Oct 27, 2019)

Larry, I have no advice to offer, but I'm very sorry your wife is suffering with Alzheimer's Disease.  Good luck with your move, I know you both loved your home and your land, this must be devastating for you to deal with now.    Wishing the best for the two of you.


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## Warrigal (Oct 27, 2019)

My suggestion is that when considering who will hold POA is to have two people listed. Hubby and I both hold enduring (permanent) power of attorney over each other's finances but as we are both vulnerable to the processes of aging, our daughter is also named on the documents. That way, if one of us is mentally unfit and the other has a sudden stroke or dies, the POA will still allow family, and not the public trustee, to decide about the best interests of the survivor. We have done the same thing with our enduring guardianship papers. These allow someone to make medical decisions such as when to sustain life and when to let go. Our daughter will be able to speak to doctors on our behalf and express our wishes when we cannot.


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## rkunsaw (Oct 29, 2019)

Warrigal said:


> My suggestion is that when considering who will hold POA is to have two people listed. Hubby and I both hold enduring (permanent) power of attorney over each other's finances but as we are both vulnerable to the processes of aging, our daughter is also named on the documents. That way, if one of us is mentally unfit and the other has a sudden stroke or dies, the POA will still allow family, and not the public trustee, to decide about the best interests of the survivor. We have done the same thing with our enduring guardianship papers. These allow someone to make medical decisions such as when to sustain life and when to let go. Our daughter will be able to speak to doctors on our behalf and express our wishes when we cannot.


Good suggestion and that's just what we did. I got full power of attorney for both financial and medical and My wife's daughter is named as successor.


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## OneEyedDiva (Nov 3, 2019)

rkunsaw said:


> Good suggestion and that's just what we did. I got full power of attorney for both financial and medical and My wife's daughter is named as successor.


Glad you got that taken care of Rkunsaw. Best of blessings with selling your house.


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