Names on Durable Power of Attorney

[lcom]

What is the name of your state? Virginia

Both of my parents are in ill health (father particularly), and my brother and I are developing a separate durable power of attorney form for each of them. I have several questions:

1. I assume I should develop both an "immediate form," and one to be effective "upon disability," plus an advance medical directive. I'll need six forms total for the two of them. Is this correct?

2. Can both my brother and I be listed together on each form as the "agents," or must just one person be solely designated? We want to both share in the process, or step in when the other is unavailable for some reason. This is not an issue of personal trust.

3. If we cannot be together on the form, but can both be "agents," do we need six separate forms (as described in my first question) for each of us (i.e., a total of 12 forms) to develop and execute with a notary?

 

[seniorjudge]

What is the name of your state? Virginia

Both of my parents are in ill health (father particularly), and my brother and I are developing a separate durable power of attorney form for each of them. I have several questions:

1. I assume I should develop both an "immediate form," and one to be effective "upon disability," plus an advance medical directive. I'll need six forms total for the two of them. Is this correct?

2. Can both my brother and I be listed together on each form as the "agents," or must just one person be solely designated? We want to both share in the process, or step in when the other is unavailable for some reason. This is not an issue of personal trust.

3. If we cannot be together on the form, but can both be "agents," do we need six separate forms (as described in my first question) for each of us (i.e., a total of 12 forms) to develop and execute with a notary?

Your plan is a certain and sure disaster.



1. I assume I should develop both an "immediate form," and one to be effective "upon disability," plus an advance medical directive. I'll need six forms total for the two of them. Is this correct?

A: No; there should be two forms for each parent (assuming the parent in question is still mentally competent). Two durable powers of attorney: one for financial etc. matters and one for health care matters. Decide now whether you want immediate or upon disability and how that is determined (sometimes by two independent physicians, for example). Then make the POAs read however you want.


2. Can both my brother and I be listed together on each form as the "agents," or must just one person be solely designated? We want to both share in the process, or step in when the other is unavailable for some reason. This is not an issue of personal trust.

A: Then have one of you be the primary POA and the other the successor POA. Trying to make a POA which requires two people acting is concert is asking for trouble. Logistics, for one thing.


3. If we cannot be together on the form, but can both be "agents," do we need six separate forms (as described in my first question) for each of us (i.e., a total of 12 forms) to develop and execute with a notary?

A: No (see first answer). Make sure that both POAs state that a photocopy is acceptable. Keep the originals in a safe place.


Please...you really have no idea what you are doing. Get a good elder law attorney to help you. I have barely skimmed the surface.

 

[BlondiePB]

Your plan is a certain and sure disaster.


Please...you really have no idea what you are doing. Get a good elder law attorney to help you.

I totally agree.