Idaho. Correct info giving agent powers in durable POA

[Idahored]

My wife and I are in the process of filling out durable POA forms, giving our daughter the legal power to act in our behalf in case of death or being legally found to be incompetent to handle our own affairs. The forms ask us to list the powers and responsibilities the "attorney" will have. We wish to have this POA cover all aspects, including health and financial. We will be making out Living Wills, and also our wills too, leaving whatever we wish to pass on to others when we die. Can just one durable POA cover both our heath and financial aspects? I would assume, that having a living will, would already cover the health part. We just want to make sure that we word the part that gives our daughter the powers, that it covers everything.

 

[FlyingRon]

You should be working with an attorney for all of this. They'll typically have a package deal for the entire combination (will, living trust, living wills, POAs).

The answer is "technically" yes. Alas, the practical answer is NO. A POA ALLOWS an attorney-in-fact to act for you but doesn't MANDATE another party ACCEPT that authority. It almost always helps to have a restrictive power of attorney for certain situations. A health care provider is typically NOT going to honor a medical decision in a general power of attorney.

 

[Ohiogal]

My wife and I are in the process of filling out durable POA forms, giving our daughter the legal power to act in our behalf in case of death or being legally found to be incompetent to handle our own affairs. The forms ask us to list the powers and responsibilities the "attorney" will have. We wish to have this POA cover all aspects, including health and financial. We will be making out Living Wills, and also our wills too, leaving whatever we wish to pass on to others when we die. Can just one durable POA cover both our heath and financial aspects? I would assume, that having a living will, would already cover the health part. We just want to make sure that we word the part that gives our daughter the powers, that it covers everything.

A POA terminates upon the death of the grantor.

 

[FlyingRon]

Ohio is right, I misread the death as meaning the death of the spouse who would normally make medical decisions for the other. No POA allows you to act for a dead person.

One other question tangentially asked but I skipped, was the living will. No, a living will is not all-encompassing. It may handle some DNR type stuff, but any time there is any discreation and you're not able to act for yourself, let's say what kind of facility they will move you to, or anything that isn't explicitly called out in the living will, you'll need that medical POA. In addition, to the POA and the AMD, you should definitely express your philosophies to the daughter so she may operate in line with your wishes and not her personal philosophy.

 

[Idahored]

Thanks for your reply. At 80 years old, I feel I've put all of this off long enough, so time is of the essence. Your suggestion to see our attorney about a package deal is worth looking into. If we made a cheat sheet for each document needed, I'm sure it would save time in his office, and of course when dealing with an attorney, time equals cost We just wish to make certain that what we have accumulated over all these years won't wind up in probate. Making sure all the needed documents are in order will take a load off our minds for sure.

 

[Idahored]

A POA terminates upon the death of the grantor.

Yes, I read that a standard POA does terminate at death, but I was under the impression, that a "durable poa" is the document that the daughter who is also the executor, would need to sell our real estate , close our bank accounts, cash in our 401K, and distribute everything according to our wills that we make out. At 80, and the wife being only 72, I'm pretty sure I will go first, and if my wife becomes legally incompetent because of Alzheimers, or dementia, that our daughter could act in our behalf to legally take care of our estate. Wrong ??

 

[PayrollHRGuy]

The POA survives you becoming incompetent, not death. The will, or a trust, would govern what happens to your estate.

 

[Idahored]

The POA survives you becoming incompetent, not death. The will, or a trust, would govern what happens to your estate.

The POA survives you becoming incompetent, not death. The will, or a trust, would govern what happens to your estate.

Ok thanks. Then my next question would be, does the executor have power to sell property, vehicles, and close bank accounts? We are making our daughter the executor of our estate. What a learning experience !

 

[PayrollHRGuy]

The executor may dispose of your property as instructed in the will.

I would strongly suggest you find a lawyer with experience in estate planning.

 

[Idahored]

The executor may dispose of your property as instructed in the will.

I would strongly suggest you find a lawyer with experience in estate planning.

The executor may dispose of your property as instructed in the will.

I would strongly suggest you find a lawyer with experience in estate planning.

Sounds like very good advice, thanks !

 

[Stephen1]

My comments on wills and letters testamentary (which are what the court issues to the executor in my state).
Access to the safe deposit box at a bank: I've had lawyers tell me that the letters testamentary grant the executor the authority to access safe deposit boxes. That the letters do not need to have a specific mention of safe deposit boxes. HOWEVER: I had multiple banks refuse to grant me (the executor) access to my mother's safe deposit boxes because the letters didn't mention safe deposit boxes. So, it is true that sometimes businesses or agencies do not recognize the authorities granted to POAs (before death) or executors (after death). You can't hold a gun to their head to make them act (but you can sic a lawyer on them).
Wow, it's been 11 years since this occurred for me and I guess I'm still worked up about it.

 

[FlyingRon]

So you get a specific letter testamentary to cover the box. It's routine.