Wednesday, October 13, 2010

My mother has been diagnosed with Alzheimer's disease and the doctor says we need to get a power of attorney. How can we do that? Will it make me responsible for her bills?

Thanks for your question and I'm sorry to hear of your mother's diagnosis.  I'm not sure from your question what your mother's present state of mind is -- whether or not she would be competent to sign a power of attorney.  I would get your doctor to state in writing his opinion about her competence right away.  If she is not competent, or for whatever reason she will not sign a power of attorney, then you may need to go to court to get a guardianship established.

A durable power of attorney would give you the ability to handle your mother's affairs for her, such as paying bills, obtaining documentation from her bank or pension company, or sign documents such as a deed, mortgage, tax return or other paper that requires her signature.  It is "durable" because it will still be valid if she loses competency at a later date.  To answer your last question, no, you are not responsible for bills personally that you sign for using your mother's power of attorney.  In fact, the power of attorney would prevent you from having to possibly be a guarantor at an assisted living facility or independent living home, etc., since you are signing her name.

To obtain a power of attorney, call an attorney, preferably one who specializes in handling senior issues, or at least someone who handles wills and trusts, as they should be knowledgeable about your state's laws regarding the language required for the durable power of attorney.  A good resource is your local Area Agency on Aging, who should have a contract with a local elder law attorney who can provide a durable power of attorney for free.  If you are unsure who to call, you can go to this website to find area agencies on aging.

Thanks for your question!  I hope this helps.

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