If I give my daughter power of attorney over my finances and property, can I maintain a separate account not controlled by...Read more
There are two issues here. First, whether you can act for your mother and stepdad and, second, how do you stop them from making bad decisions. The first is easier than the second. The power of attorney document should specify how to establish your stepdad’s incompetence, but if it doesn't, a letter from his doctor should be sufficient. Of course, there could be a problem in getting that letter if the doctor feels that writing it would violate your stepfather's privacy or if your stepfather hasn't seen his doctor recently.
Once you get the letter from the doctor, you will need to present it to all of your parents' financial institutions. That should give you access to their accounts and some control. However, a durable power of attorney does not take away their right to act for themselves. That can only be done by going to court to get appointed guardian or conservator. Whether that will be necessary depends on the circumstances, but you should probably consult with a local elder law attorney. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys.
Local Elder Law Attorneys in Ashburn, VA
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...