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I am the sole Caregiver for my husband. He is 87 years old and suffering from Parkinson's disease with Dementia. I currently have 2 POA's, a Health care POA and a Mental POA. Sooooo, do I also need a DPOA?


We have been married for 35 years, I am Seariously considering placing him in a group home . He is getting to be more than I can handle.


Anyone else been in this situation??

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DPOA stands for Durable POA. Your POAs should be durable. Should say it on the top of the forms. I also never heard of a Mental POA. Its usually Financial and Medical. You need to look at the paperwork, if it doesn't say durable call the lawyer who drew them up.

The non durable POAs are only for a specific time frame. Lets say u had property in another state where one of ur children live. You wanted to sell it but couldn't be there. You assign ur child as POA to set up the sale and sign papers when its sold. Once that is done, the POA is no longer in effect.
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Has he been found to be incapacitated by two doctors? Does he understand, "in the moment" what the purpose of a POA is? He may be able to still sign POA. That is up to the attorney drafting it to make a determination if someone understands. If the attorney feels he does not understand, then, yes a court action would be necessary.

I haven't heard of a mental POA, either. You should have one for financial, the other for medical. A durable POA would/should cover both. Or are you co-owner on his accounts? Did he sign a financial POA to someone else?
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I’ve never heard of a “mental POA”, as that should be covered under the health care one. My attorney explained to me that a Durable POA covers it all, but you may want to ask the attorney who originally drew up your POA. You might also want to appoint a co-POA just in case you are not able to execute your responsibilities.
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