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When Does The Caregiver Activate The Power Of Attorney?

A myALZteam Member asked a question 💭
St Lazare Quebec Canada

My husband was diagnosed August 2015 and I am currently paying all the bills and taking care of everything. He is in total denial that he has Alzheimer. But I was wondering when I would need the power of attorney activated for financial or health? I have the power of attorney for health and financial but I have been told that it needs to be activated by a notary. I live in Canada. Any feed back would be appreciated.

April 17, 2017
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Answer Summary

Members shared guidance on activating power of attorney in Canada, with several explaining that POA documents typically become effective... Read more

Members shared guidance on activating power of attorney in Canada, with several explaining that POA documents typically become effective immediately upon signing, though a mandate for incapacity may require doctors and social workers to certify incompetence through a court process that can be lengthy and frustrating. Many members strongly recommended consulting an elder law attorney early in the diagnosis, removing the spouse with dementia from financial accounts and legal documents, updating beneficiaries and wills, and transferring assets like cars and bank accounts into the caregiver's name while the person can still consent. A recurring theme was the emotional weight of managing these responsibilities behind a loved one's back when they are in denial, the importance of documentation and organization, and the heartbreak of watching someone's slow decline while trying to protect them from financial exploitation and unsafe decisions.

A myALZteam Member

We had all the POA documents done soon after his diagnosis in 2009. Now I usually sign for medical things and we have removed his name from almost all financial issues. He did have to sign when I had our home refinanced because Texas is a community property state. Sometimes I have him make his scribble of a signature and other times I just sign. No one ever questions me but I do carry the documents in the car.

The first and best legal advice we were given was to have him taken off of all my documents Immediately. He cannot be your decision maker and he should not be inheriting your part of the estate. This is where a trust is important and someone other than your spouse should be the trustee.

April 18, 2017
A myALZteam Member

My husband was diagnosed in 2012. We hired an elder lawyer immediately also, while he was still able to reason. With the lawyer doing all of the talking, I was able to make the decision with him instead of for him. He doesn't remember all of the ins & outs of what the lawyer said, but he does remember that it was his decision for me to be the POA & Rep. Payee. An Elder lawyer is a lawyer who is also versed in elderly issues & can help with decisions the caregiver may have to make such as long term care etc, state regs. & rules & was also able to explain them with our particular situation in mind. We thought it was a good investment for us. We also updated our wills at the same time.

April 18, 2017
A myALZteam Member

I know this response may be a bit late, but I am just learning in this area also. I would highly recommend you see if there is an elder care attorney in your area. They are more aware of these issues and other areas that concern those diagnosed and their family members/caregivers. Good luck!

May 8, 2017
A myALZteam Member

I agree, @A myALZteam Member, about putting the car in your name - put everything in your name you can. About the only thing you cannot put in your name is his/her IRA's. Also, review the beneficiaries on all of your insurance policies and any pensions; it should be someone other than your spouse/loved one with dementia. Get yourself approved to complete transactions and make inquiries on all financial accounts, medical supports (including doctors, pharmacies, therapists, etc.), and other legal documents. (You will be surprised how many of these you have and it is a challenge to keep track of getting them all done.) Your spouse or other loved one's competence can be challenged at even early stages so it is easiest to do these things early. I agree with @A myALZteam Member that an elder law attorney is worth the cost. I've even made sure our daughter has met the attorney so that she is more comfortable if she needs to reach out to her directly for help. Has anyone noticed that, in addition to the direct care we provide, this caregiving is a lot of work!

April 26, 2017
A myALZteam Member

I handle all my husbands issues too. I got a power of attorney done off the computer and had a lawyer check it out and OK it and his doctor said to get it scanned it to his file. I think the idea of putting it in the car is a great idea just in case you need it. Thanks for sharing.

April 26, 2017

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