if you are some ones power of attorney how does it go into effect?

Question

i dont know when the poa would become effective it is a durable poa and it was done by a lawyer but i was wondering what would make it go into effcet? would being diagnosed with dementia put it into effect? i know i need to talk to the lawyer that drafted it but its too late to call him tonight and i was just wondering if any one had any info on this tonight

Answer 1

It depends on the specific document. Some are activated at the time of signing, some for a specified period of time, and others only if certain conditions apply. Check the actual paper and have an attorney explain anything that doesn't make sense.

Answer 2

a power of attorney is in effect from the minute it was signed by the person giving it.

A POA is merley the right to sign on the other persons behalf if they are not present or if they can't. It does not give you guardianship rights at all. If the other person has dementia and is going to be unable to make thier own decisions shortly, you really need guardianship not power of attorney.

If the other person is present, and says yes to something, and you only have POA, you can not over rule what they say, they still have the final say on anything over a POA.

Answer 3

You would have to ask the attorney, probably he is the only one that knows in your situation.