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Please tell us what DPOA stands for. Also, in my state, North Carolina, POA must be registered with a county offices. Not knowing what DPOA means, I can't address that.
The D means Durable. Most people use POA but still have a durable Power of Attorney. People can assign someone as POA for a limited time over some particular issue, but a durable POA is broad and continues even when the person for whom it's created becomes incapacitated. In most cases, when a new POA is created it replaces the previous one. For legal advice always check with an attorney. Take care, Carol
I have a Durable Power of Attorney for my Dad. If you look in the wording of the document, most have the wording or similar to: "this DPOA or POA is in place of or replacing a previous DPOA or POA." Something in that regard. Sometimes that can vary State to State. My suggestion is if you can look at the document and it does say this and was signed by a Notary or executed by an attorney, it is, in fact, legal and binding. I have experience in the legal system in two different States and there are various differences. I hope this helps.
Challenging the new POA is costly and difficult. My brother-in-law tricked my mother-in-law into making him POA after she had carefully chosen my husband originally. We had to go to court and have her declared incapacitated in order to invalidate the new POA. It was grueling. We won (and she won as she would have been in very bad hands with my brother in law) but I can't recommend doing this unless it's dire.
Every STATE or COUNTY has different LAWS so you MUST ALWAYS check with Your village or county clerks office concerning Family Court or Elderly Laws (check with Surrage Court in Your area also)YOU must be registered in Your Villages.County asa a POA~~ Hope this Helps(Been there done that ,, doing it again with In -laws )
I agree that each state has certain criteria regarding a person giving their control to another. If the distant relative now has POA, the person giving it has decided to replace you for whatever reasons. Try to work with the new situation and your question may be moot since you are writing under "hospicevsfamily" and apparently you are the caregiver and not family. Hospice is not a long term situation as the person is terminal...
You can certainly have multiple powers of attorney, although it may not be a good idea! It's best to revoke prior powers of attorney when a new one is signed. This is why many banks will not recognize a power of attorney that is more than a few years old: for all they know it has been revoked, replaced, etc.
Some states require registration of a power of attorney, some not. You need to check.
DPOA means "durable power of attorney." "Durable" means that the authority given to the agent in the POA continues to be effective even after the incapacity of the "principal" (i.e., the person who signed the document and is giving powers to someone else: to the "agent").
The new POA should clearly state whether or not it revokes previous POAs. When I had a new POA with gifting rider done for my mom, I had my daughter included on it and it specified that it did not revoke the previous POA which was standard and only included me. This was a failsafe in case it was lost and for expedience with institutions that already had the old one on file where there was no need to present the new one. Both are durable, meaning that if my mom develops dementia, the POAs are still valid until her death. I am in NY.
Once you determine which POA is valid after talking to an attorney, you should make every effort to destroy/shred the original and all copies of the documents that are no longer valid. This guidance from my estate attorney also applies to any Will, Trust, Advance Medical Directive that is not valid.
As A Notary I see many POA's and they all have a prefice ie: Medical POA, Mental Health POA, Durable POA, and they all cover different areas. A POA that is signed by a notary is a legal document. Also, if the document requires only a witness it is also a legal document. If another POA is signed afterwards, as long as the patient is competant and was not coerced the new date and document becomes the legal document and overrides the first. It is better to use forms that requires a Notary so there is not question about who and what are valid witnesses. In addition, most banks have their own forms for financial POA's and are very particular, also known as a Durable POA. And do check w/ your local/state laws. I have never heard of anhyone registering as a POA in AZ so different areas do have different laws. Good luck.
DPOAs should stand for Difficult Process Of Authority in my book. A DPOA can be changed any time. In some states, if the DPOA is changed, they are supposed to notify you if you are the previous DPOA holder. In my mother's case, she changed the DPOA to someone else. I found the document going through the box she told me about from her hospital bed. I presented the newer document to her and told her she needed to depend on the person she had assigned, that I was going home. She did not recall changing the DPOA and summoned her attorney to her bedside to reverse the DPOA back to the original one. An expensive mess. If the DPOA you signed in your younger years was good, perhaps you should leave it alone and not be influenced to put someone else in charge of your life and money. Just a thought.
Here in NY, if it is a standard first time DPOA, the forms are available online and there is no need for a lawyer. However, if you are in need of a stronger POA that allows gifting and re-titling of property and accounts, definitely have a lawyer draw it up.
I am my mom's dpoa..and because of the frivolous actions that so-called friend of my mom(her-then poa) did to her,I made sure that the attorney who created the document, for my mom to sign as her dpoa,also include a revocation of former poa statement , and record it with the county..
Guardianship gives you more control but it's not a fun process. I'd check with an elder law attorney if you aren't sure what you need. Good luck, Carol
The hospital told me the reason they wanted to go for guardianship is so, in placing dad in a facility - which we ended up not doing anyway, was so he couldn't legally leave, that POA just left him in charge if he decided to do so; wasn't quite sure we wanted to put him in that position anyway, but...
Hospice, I thought your uncle passed? Do you have another relative in hospice? My understanding is that the documents would have to be read to know which powers are being assigned. Either way, they are null and void at the passing of the person who assigned the power to another. If you are involved in litigation as a result of the conflict of these documents, you need an attorney.I hope you are able to resolve this issue and move on with your life.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Also, in my state, North Carolina, POA must be registered with a county offices. Not knowing what DPOA means, I can't address that.
Grace + Peace,
Bob
Take care,
Carol
Some states require registration of a power of attorney, some not. You need to check.
DPOA means "durable power of attorney." "Durable" means that the authority given to the agent in the POA continues to be effective even after the incapacity of the "principal" (i.e., the person who signed the document and is giving powers to someone else: to the "agent").
I apologize, and stand corrected.
Good luck,
Carol
My understanding is that the documents would have to be read to know which powers are being assigned. Either way, they are null and void at the passing of the person who assigned the power to another. If you are involved in litigation as a result of the conflict of these documents, you need an attorney.I hope you are able to resolve this issue and move on with your life.