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
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
Medicaid Rules, etc