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Power of attorney - what can I do with it?

montrose818

Banned
Joined
May 26, 2020
Member Number
1416
Messages
1,772
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SoCal
Can I file for taxes on the individuals behalf? Open/close bank accounts? Apply for health care / government programs? DMV / auto / credit issues?

Thanks...
 
Assuming it's full POA and not limited, you are basically that person. Enjoy your new identity. :flipoff2:
 
Depends on the type and how its written, to do basically everything it must e a "durable POA".
 
I would use a trust or estate type attorney,

For a parent ?
 
OP should really spend a few bucks and buy a hour of lawyer sit-down one on one time.

I think your money will be well spent doing that .

When I go I have questions written down, and I hit him like a game show speed round. I feel I get my money worth otherwise you forget everything until I walk out the door
 
PAE said:
I would use a trust or estate type attorney,

For a parent ?
Click to expand...

you could say a family member. They went full mental a year ago and I am trying to pick up the pieces. I got another apartment (got kicked out of the first one two months later) and need to be able to handle things on their behalf.

Ill call around thanks. I wasnt sure of POA could do all that. I looked into guardianship and conservatorship, but POA seems much easier.

thank u
 
Do they have a trust ?

Thats the first step, and if they do try and figure out who their appointed trustee is.

A conservatorship is another possible plan but if you are somewhat in control now that could change drastically if the state gets involved.

Good luck, I'm going thru the same thing with my last parent.

Contact if you like.

Welcome.
 
I've used a POA a few times. Mostly I get a specific POA limited to the actions/rights I want the individual to have. Refinancing/purchasing property, purchasing/titling/storing vehicles in my name, etc.

I've always had a lawyer draft it for me because they know what they are talking about.

Some of the guys get a "general" (may be called different things) POA for their wife/spouse when we deploy. I've heard of quite a few horror stories coming from those.

Additionally, they can be for a stated amount of time, or they can be indefinite.
 
montrose818 said:
you could say a family member. They went full mental a year ago and I am trying to pick up the pieces. I got another apartment (got kicked out of the first one two months later) and need to be able to handle things on their behalf.

Ill call around thanks. I wasnt sure of POA could do all that. I looked into guardianship and conservatorship, but POA seems much easier.

thank u
Click to expand...
This person is willing to agree to it?
 
montrose818 said:
according to the mental health unit yes, otherwise Id go for conservatorship
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One other question, are they likely to do something where you (as a conservator) would to go back and say "they aren't legally capable of making that decision" (such as signing up for $1000/month to "feed hungry kids in Africa")?

Aaron Z
 
aczlan said:
One other question, are they likely to do something where you (as a conservator) would to go back and say "they aren't legally capable of making that decision" (such as signing up for $1000/month to "feed hungry kids in Africa")?

Aaron Z
Click to expand...

Theyve done that this past year, blown through their 401k, savings, etc. and my hands were tied (had thread on this on pbb). They are "aware" right now, and are worried about the future, so I want to be able to 100% take care of everything thats needed. They have 10k in collections from two of the three psych holds, because I had no way of filing for health insurance on their behalf. It sucked, so I need to make sure it doesnt happen again.
 
montrose818 said:
Theyve done that this past year, blown through their 401k, savings, etc. and my hands were tied (had thread on this on pbb). They are "aware" right now, and are worried about the future, so I want to be able to 100% take care of everything thats needed. They have 10k in collections from two of the three psych holds, because I had no way of filing for health insurance on their behalf. It sucked, so I need to make sure it doesnt happen again.
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Makes sense, so you will be able to file for insurance for them and take care of stuff, but they will still be able to make large foolish decisions.

Aaron Z
 
Yes POA can be generic or specific, you likely signed a specific one when buying a car to let the dealer make spelling corrections on your behalf with DMV.

If there is still fear that this individual will sabotage their own well-being then you might seek conservatorship.

For legal advice, refer to the thread you started about the movie “I care a lot”
 
PAE said:
Depends on the type and how its written, to do basically everything it must e a "durable POA".
Click to expand...

SomeGuyFromOlympia said:
OP should really spend a few bucks and buy a hour of lawyer sit-down one on one time.

I think your money will be well spent doing that .

When I go I have questions written down, and I hit him like a game show speed round. I feel I get my money worth otherwise you forget everything until I walk out the door
Click to expand...

These. Having been down this road a few times I would recommend consulting with a lawyer. Just because you have it doesn't make it easy street. Many places will want their legal dept to review it and will ask a bunch of questions (Why are you acting on this person's behalf? etc). This can take days to weeks. However, the spouse or child of a person can do just about whatever they want without one even though it's not legal (this irritated the hell out of me).

Are you looking to have one drawn up for yourself or use one that someone has drawn up putting you in charge?
 
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