There are enduring POA's for my parents. They currently have each other as the POA for each other and I am secondary and

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Customer: Second Opinion] There are enduring POA's for my parents. They currently have each other as the POA for each other and I am secondary and my adult daughter is third in line. The POA specifies that a doctor must declare them incapable in order for me to assume POA responsibilities. My mother has dementia and possibly my father too is going down that rabbit hole. I believe the POA's were signed while my mother was already in dementia. I spoke with their lawyer and he didn't notice anything out of the ordinary when the papers were signed. Their doctor believes they both have dementia and my father is masking it. I am taking them for memory testing in early Oct 2021 at the doctors request. My father may have been capable when the papers were signed. For certain my mother wasn't in my opinion so based on the POA he would assume the POA for her. I am trying to keep them in their home. I have a caregiver going in a few days per week. Where do I stand in all this? Do I need to file for committeeship under these circumstances? If my father is also declared incapable what are my options. And do I need other papers for their medical health. Thank you. Laurie JA: What province are you in? It matters because laws vary by location. Customer: BC JA: What steps have you taken so far? Customer: Very little. I've been keeping close tabs on them since last Christmas. It has all been very sudden with my father. I have seen the POA's and spoken with their lawyer. He is worried about the validity of the docs now. I had my father call the doctor about my mother and she called me back and wants them both tested for memory loss. Scheduled for Oct 7, 2021. The doctor wants me to attend with them. JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: They also changed their will recently. Parents age 86 and 88 years.
Answered by ToLawyer in 1 min 1 year ago
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Jessica

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ToLawyer, Expert

Welcome and thank you for choosing Just Answer! My name is***** am a lawyer in Canada and would be happy to assist you. I am sorry to hear about your legal troubles.

Please note that while I am a lawyer, I am unable to provide you with legal advice on this website and I can provide you with legal information only. We always recommend seeking professional representation with a licenced lawyer or paralegal in your province.

Finally, please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able

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ToLawyer, Expert

Good evening.

The lawyer at the time of drafting the PoA should have checked for their capacity. Now this is obviously not a medical test, but if the lawyer is satisfied that they are capable of making decisions on their own, it is likely going to be valid.

Your PoA will be effective if a medical professional deems them to be incapacitated. An incapacitated individual also cannot be a PoA for another incapacitated individual.

Customer
I’m here. Do you have anything to add to Debra’s response?
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ToLawyer, Expert

Hi there, I cannot see Debra's response right at this time, the website seems to be glitching. Can you copy and paste her answer?

Customer
Debra
Debra
Lawyer
August 30, 2021
I know your question is important to you and I will be giving it the time and attention it deserves. I am sorry to hear of this difficult situation. If you can get doctors to say that both of your parents are no longer mentally competent than you are will be the acting power of attorney for both of them. So you just need the doctor to declare them to be incompetent and you will take over. Then you can do what you believe is in their best interest and you can certainly pay a caregiver out of their funds to go into help take care of them because that is not only your right but it's going to be your obligation
Customer
More of Debra's response: Well if the POA's are not valid then you would need to apply to the court for an order declaring both of your parents to be mentally incompetent and appointing you as their legal guardian. This will then put in the position of having the right to make all decisions about their care and finances.It is unfortunate if you have to do this because it's going to cost your parents money but if that's what needs to be done then I suppose you'll have to do it. I'm not so sure anyone's going to question the validity of the POA's though so perhaps it's not necessary.Well I guess I'm just trying to be practical. The bot***** *****ne is that your parents wanted you to be in charge and they may not be competent anymore and you love them and will take better care of them than anyone so to have to spend more of their money to get to the same outcome seems a bit silly.
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ToLawyer, Expert

Ok, what Debra stated is correct. You will need to have their capacity tested prior to taking over as a PoA.

Customer
That is in the works. Thank you.
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ToLawyer, Expert

You are already taking all the right steps.

Good luck!

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