I'm not understanding the purpose of this Durable POA?

[anteater]

And my DPOA isn't in effect until the client is told by a doctor incompatent isn't that correct what everyone says?

There you go with that "everyone says" stuff again. Who is everyone?

Unless the Power of Attorney document states that it only becomes effective at some point in time or when a certain event occurs, it becomes effective when the principal signs it. The "durable" part only means that the power granted remains in effect if the principal is no longer legally competent.

If your aunt is competent, she can hire whoever she wishes as a caregiver. However, given your position as her agent, if that caregiver is you or your wife, you always run the risk that payments will look suspicious and possibly be questioned. Get an agreement in writing, record hours worked, and document, document, document ...

 

[ring]

Cont- & last,
I must say,if a attorney would ever write a step by step handbook on POAs for Dummies the book stores would never have enough copies on hand.Something to think about.
What I find strange about going online asking questions about the do's and don'ts of a POA is,The only answer I recieve is talk to the attorney.If you don't get anywhere with that attorney you talked to.Then what do you do?Next,answer is go to another attorney.Talking draining a pocket book just to get a answer.The next issue I found asking attorneys questions about POAs is,No matter who you talk too.You never get a straight answer and never the same answer from a attorney.It always,one attorney knows more then the other.It's strange that all the attorneys in the same State goes to school for the same law but,studdies not the same Law book for their State.If two attorneys from the same State would ever seat down with each other and differ a issue?They would differ for hours if not days.They read & studied the same law books.But,yet they differ to solve the issue.
I will end this venting by saying this,
If you was ever a Power of Attorney (POA) for a relative,friend or who ever.You would understand by fact what I'm going through with this DPOA and the issues involved that knowone clues you about.The word "FREE" is just a word or a lie.Nothing's for free in this world.Knowone works for free.
With that said,
Taking on the job of a Power of Attorney "Attorney in Fact" comes with many hours of your time each day if not everyday.If was never a accountant in your life time?You better open your books and go back to school.Because,POAs requires you to be a accountant,recorder & banker.
They all say this,POAs are not allowed to charge for services.This means being reimbursed for costs associated with being a POA is not possible?Why is this so twisted in confusion?The States designed,revised the laws of POAs my guess is because,POAs was abusing their clients or abusing the GOV.
What I found is this,
Do you realize that anyone can be a POA as long as their over 18 of age regardless of their lack of education.Background checks are not a requirement to be a POA.Why isn't there a list of requirements, required to be a POA?Seems the when they created POAs all they thought about was laws/rules of the job.Careless who's the POA.A Murderer, molester can be a POA.My point is this,most clients that need a POA is mostly Elderly retireies.These elderly people work all their lives to save for their retirement.There's people out there that have bad credit,lost their homes and filed bankruptcy taking on the job as POAs over a elderly.They can't manage their own money but,yet that get to manage a elderly persons retirement.
I learned that POAs is worthless to have.POAs is only for finger pointing if money is spent wrong.If there's not a POA appointed.The creditors have no fingers to point too.And by right's POAs should be required to have requirements in order to be a Attorney in fact.
I end my venting.Help me delete this thread please?I'm done.Have a nice day lol.

 

[quincy]

Cont- & last,
I must say,if a attorney would ever write a step by step handbook on POAs for Dummies the book stores would never have enough copies on hand.Something to think about.
What I find strange about going online asking questions about the do's and don'ts of a POA is,The only answer I recieve is talk to the attorney.If you don't get anywhere with that attorney you talked to.Then what do you do?Next,answer is go to another attorney.Talking draining a pocket book just to get a answer.The next issue I found asking attorneys questions about POAs is,No matter who you talk too.You never get a straight answer and never the same answer from a attorney.It always,one attorney knows more then the other.It's strange that all the attorneys in the same State goes to school for the same law but,studdies not the same Law book for their State.If two attorneys from the same State would ever seat down with each other and differ a issue?They would differ for hours if not days.They read & studied the same law books.But,yet they differ to solve the issue.
I will end this venting by saying this,
If you was ever a Power of Attorney (POA) for a relative,friend or who ever.You would understand by fact what I'm going through with this DPOA and the issues involved that knowone clues you about.The word "FREE" is just a word or a lie.Nothing's for free in this world.Knowone works for free.
With that said,
Taking on the job of a Power of Attorney "Attorney in Fact" comes with many hours of your time each day if not everyday.If was never a accountant in your life time?You better open your books and go back to school.Because,POAs requires you to be a accountant,recorder & banker.
They all say this,POAs are not allowed to charge for services.This means being reimbursed for costs associated with being a POA is not possible?Why is this so twisted in confusion?The States designed,revised the laws of POAs my guess is because,POAs was abusing their clients or abusing the GOV.
What I found is this,
Do you realize that anyone can be a POA as long as their over 18 of age regardless of their lack of education.Background checks are not a requirement to be a POA.Why isn't there a list of requirements, required to be a POA?Seems the when they created POAs all they thought about was laws/rules of the job.Careless who's the POA.A Murderer, molester can be a POA.My point is this,most clients that need a POA is mostly Elderly retireies.These elderly people work all their lives to save for their retirement.There's people out there that have bad credit,lost their homes and filed bankruptcy taking on the job as POAs over a elderly.They can't manage their own money but,yet that get to manage a elderly persons retirement.
I learned that POAs is worthless to have.POAs is only for finger pointing if money is spent wrong.If there's not a POA appointed.The creditors have no fingers to point too.And by right's POAs should be required to have requirements in order to be a Attorney in fact.
I end my venting.Help me delete this thread please?I'm done.Have a nice day lol.

There is no need to delete your thread, ring.

People can learn from your posts that they should not accept a power of attorney appointment unless they know and understand exactly what it entails and then feel capable of performing the specified acts for another. Simple as that.

Good luck to you and all of your relatives who are having difficulties.

 

[LdiJ]

Cont- & last,
I must say,if a attorney would ever write a step by step handbook on POAs for Dummies the book stores would never have enough copies on hand.Something to think about.
What I find strange about going online asking questions about the do's and don'ts of a POA is,The only answer I recieve is talk to the attorney.If you don't get anywhere with that attorney you talked to.Then what do you do?Next,answer is go to another attorney.Talking draining a pocket book just to get a answer.The next issue I found asking attorneys questions about POAs is,No matter who you talk too.You never get a straight answer and never the same answer from a attorney.It always,one attorney knows more then the other.It's strange that all the attorneys in the same State goes to school for the same law but,studdies not the same Law book for their State.If two attorneys from the same State would ever seat down with each other and differ a issue?They would differ for hours if not days.They read & studied the same law books.But,yet they differ to solve the issue.
I will end this venting by saying this,
If you was ever a Power of Attorney (POA) for a relative,friend or who ever.You would understand by fact what I'm going through with this DPOA and the issues involved that knowone clues you about.The word "FREE" is just a word or a lie.Nothing's for free in this world.Knowone works for free.
With that said,
Taking on the job of a Power of Attorney "Attorney in Fact" comes with many hours of your time each day if not everyday.If was never a accountant in your life time?You better open your books and go back to school.Because,POAs requires you to be a accountant,recorder & banker.
They all say this,POAs are not allowed to charge for services.This means being reimbursed for costs associated with being a POA is not possible?Why is this so twisted in confusion?The States designed,revised the laws of POAs my guess is because,POAs was abusing their clients or abusing the GOV.
What I found is this,
Do you realize that anyone can be a POA as long as their over 18 of age regardless of their lack of education.Background checks are not a requirement to be a POA.Why isn't there a list of requirements, required to be a POA?Seems the when they created POAs all they thought about was laws/rules of the job.Careless who's the POA.A Murderer, molester can be a POA.My point is this,most clients that need a POA is mostly Elderly retireies.These elderly people work all their lives to save for their retirement.There's people out there that have bad credit,lost their homes and filed bankruptcy taking on the job as POAs over a elderly.They can't manage their own money but,yet that get to manage a elderly persons retirement.
I learned that POAs is worthless to have.POAs is only for finger pointing if money is spent wrong.If there's not a POA appointed.The creditors have no fingers to point too.And by right's POAs should be required to have requirements in order to be a Attorney in fact.
I end my venting.Help me delete this thread please?I'm done.Have a nice day lol.

Charging for services is totally and completely different than being reimbursed for costs.

The first one is not allowed. The second one is allowed.

Example: Your aunt pays you a salary of $300.00 a week and reimburses you for any out of pocket expenses you incur. That is a no-no.

Your aunt just reimburses you for out of pocket costs. That one is ok.

I do think however, based on your statement that it takes hours a day to be a POA, that you don't clearly understand the duties of a POA, particularly if your aunt is still competent.

 

[anteater]

Charging for services is totally and completely different than being reimbursed for costs.

The first one is not allowed. The second one is allowed.

Example: Your aunt pays you a salary of $300.00 a week and reimburses you for any out of pocket expenses you incur. That is a no-no.

Your aunt just reimburses you for out of pocket costs. That one is ok.

I do think however, based on your statement that it takes hours a day to be a POA, that you don't clearly understand the duties of a POA, particularly if your aunt is still competent.

Attorneys-in-fact can receive a fee for services rendered. It is best that it be spelled out in the POA document, but the Indiana statutes state:

IC 30-5-4-5
Reimbursement of expenses; fee for services
Sec. 5. (a) Except as stated otherwise in the power of attorney, an
attorney in fact is entitled to reimbursement of all reasonable
expenses advanced by the attorney in fact on behalf of the principal.

(b) Except as otherwise stated in the power of attorney, an
attorney in fact is entitled to a reasonable fee for services rendered.
The attorney in fact shall, not later than twelve (12) months after the
date the service is rendered, notify the principal in writing of the
amount claimed as compensation for rendering the service.

In the OP's first thread involving POA's, I suggested that he peruse Article 5 of Title 30 of the Indiana statutes. Apparently, he hasn't.

 

[LdiJ]

Attorneys-in-fact can receive a fee for services rendered. It is best that it be spelled out in the POA document, but the Indiana statutes state:




In the OP's first thread involving POA's, I suggested that he peruse Article 5 of Title 30 of the Indiana statutes. Apparently, he hasn't.

I knew the first part...I did not know the second. Thank you for that information.