Any Alabama attorneys here?

[OneGrassRoot]

Or maybe some of you have gone through this and may know the answer.

I'm redoing my mom's Power of Attorney. I don't live in Alabama, where she is, so my aunt (who does live there) has been the agent for mom's POA since 2012. Unfortunately my aunt's health is declining, accompanied by the onset of dementia, so I need to take over.

The existing durable POA had the typical financial/asset/property POA language but it also inserted a paragraph that covered health care-related issues.

Has something changed since 2012 that requires a separate health care POA document (living will, health care proxy)?

Or was the original POA not done wisely by not having a separate document? It was created by an attorney, btw.

My mom's health is very poor and her dementia makes her moods volatile, and if she has to sign more than one document I don't doubt she'll say she isn't signing anything...lol. I'm going down this weekend to take care of this and have a notary lined up. So if I can use an all-inclusive document like the original, that's preferable.

Thanks!

[SheilaAnn]

1. Why not call the attorney who created the POA and ask him? n/t

[OneGrassRoot]

3. He's deceased. n/t

[SheilaAnn]

4. Ahh, that does make a difference. I would definitely check with a local atty. though. n/t

[bpj62]

5. Medical Directive

Many states now require a separate Power i

[bpj62]

6. Medical Directive

Many states now require a separate Power of Attorney and a Medical Directive that explicitly spells out your mother's wishes as well as the person who is making those decisions. I would reach out to an attorney that handles Estate Planning in the area that your mom lives in. He or she will prepare both documents based on your mother's wishes.
It is pretty straightforward and it will void the prior POA that your aunt has. Not an attorney just have 38 years in the real estate settlement business so I have dealt with POA and Estate issues for years. Good luck.

[slightlv]

8. That's the way it was for me when I got a POA for my mom. n/t (KS, btw)

[OneGrassRoot]

9. Thank you! n/t

[Frasier Balzov]

7. It may be too late for a new Power if your Mom actually needs a conservator now.

Which county does she live in?

At the minimum, an elder law attorney can render an opinion as to whether the existing Power is adequate for all purposes.

[OneGrassRoot]

10. Coffee County

It’s the fact that her agent (my aunt) has decompensated mentally and physically so suddenly that is making this a bit of an emergency. And I couldn’t make an appt with an atty in Alabama in time, unfortunately.

[Frasier Balzov]

11. Free POA advice offered by this agency.

https://www.icarol.info/ResultDetails.aspx?org=84123&agencynum=39174481

[OneGrassRoot]

12. Thanks very much! n/t

[IbogaProject]

13. Best to do both

The are each used in very different situations. Best to keep the separate as their use doesn't overlap much if at all.