A son who is preparing to help his mother with her legal and financial affairs asks what legal documents he needs to obtain in the article “Tips for becoming a power of attorney” in Hometown Life. He is concerned about a sibling who is estranged from the family and could cause problems in the future. Can he protect his mother and himself?
The first thing he needs to do is obtain a medical power of attorney and a durable power of attorney for his mother. These are two separate powers of attorney that will give the son the legal right to handle both her financial affairs and her medical care.
With these documents, he will be able to speak directly to her healthcare providers, including her doctors, and to make end-of-life decisions on her behalf. An unhappy family member could indeed cause problems, especially when it comes to major decisions. When medical staff and institutions see fighting in the family, they will not act unless they see a legal document granting authority to make these decisions.
The durable power of attorney, in contrast, is created for legal or financial issues, including handling the mother’s day-to-day money tasks and making decisions about her investments and assets, including the family home. With a power of attorney, he will be able to move money when needed, and even assist with selling assets or stocks, if necessary.
Having both of these documents gives the son the ability to do what is necessary for his mother, while also protecting him from an uncooperative family member. However, there are more tasks to be done.
First, he needs to find out if she has an estate plan, including a will, a trust or even any other powers of attorney. He should find out if they are current, and if they still reflect her wishes.
If she has an estate plan, he’ll need to find out when it was last updated and see if it needs to be revised. If there are no documents, or existing documents need to be updated, she needs to meet with an experienced estate planning attorney to create a plan to distribute assets according to her wishes and create any needed trusts.
He should also collect her medical information, so he knows who her doctors are and what medications she is taking. He also needs to understand her medical insurance coverage and see if she has the protection that she needs from health care costs.
For her financial affairs, the son needs to gather up information about her accounts, including passwords and login information. The mother should add the son as a signatory to her bank and brokerage accounts.
He should also get the names and contact information of any financial professionals she works with. That includes financial advisors, insurance agents and CPAs. It would also be wise to get the last two years of her tax returns. This could be invaluable in helping to understand her assets.
Reference: Hometown Life (Dec. 6, 2019) “Tips for becoming a power of attorney”