How do I update my mentally unwell mother’s power of attorney documents?
I need to update both financial and medical POA for my mother but her estate is in a trust. I also need a personal power of attorney for her to be able to replace things like her debit card.
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It’s important to distinguish between the powers granted under the trust agreement and those that come from external documents like a Power of Attorney (POA).
A trust typically governs the management and distribution of trust assets. A financial POA is used to handle personal matters like debit cards and utility bills, while a medical POA covers healthcare decisions.
You can use valid forms from reputable sources to update these POAs, provided your mother still has the legal capacity to sign them. Just ensure they’re properly signed, and witnessed or notarized, as required by your state.
However, these POAs won't govern trust assets unless specifically allowed by the trust. If needed, you might consider amending the trust—but only if your mother is still mentally competent to do so.
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I need to update my mother's financial and medical POA, but her estate is in a trust. I also need a personal power of attorney for her to replace things like her debit card.
Justin C
Hi there, thanks for choosing AskaLawyer! I’m Justin, and I’m here to help answer your general legal questions. Don’t worry, the law can be complicated, but I’m here to break it down and provide clear, understandable answers.
Thanks.
Justin C
It’s important to distinguish between the powers granted under the trust agreement and those that come from external documents like a Power of Attorney (POA).
A trust typically governs the management and distribution of trust assets. A financial POA is used to handle personal matters like debit cards and utility bills, while a medical POA covers healthcare decisions.
You can use valid forms from reputable sources to update these POAs, provided your mother still has the legal capacity to sign them. Just ensure they’re properly signed, and witnessed or notarized, as required by your state.
However, these POAs won't govern trust assets unless specifically allowed by the trust. If needed, you might consider amending the trust—but only if your mother is still mentally competent to do so.
I already have the ones through the trust that were drawn up by the trust lawyer. They were updated about two years ago but need to be again. I am the main trustee after my mother, followed by my brother. My daughter and I are listed as her medical POAs.
Justin C
Given that you already have POAs and a trust in place, the key is whether the documents still meet your current needs and legal standards. Institutions sometimes reject older or vague POAs, so refreshing them might be necessary, especially if your mother's health has changed or if her current documents don’t mention HIPAA, digital assets, or modern authorizations.
Since you're the successor trustee and already listed in the POAs, your authority is pretty well established. Still, if your mother retains capacity, you can update the POAs without returning to the original lawyer. That said, continuity is helpful—so using the same firm might make sense, but it isn’t legally required.
Ensure the financial POA covers non-trust assets and includes durable powers, that the medical POA is clear about your authority, that it includes HIPAA language, and that it lists alternates.
Thank you. She is currently able to understand, but has been diagnosed with Alzheimer’s, so I am wanting to remedy all of this soon.
Justin C
You are most welcome. Have a good evening and best of luck!
Justin C
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