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Taking over as Power of Attorney

Caregivers: Dementia | Last Active: 1 day ago | Replies (13)

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@anotherday

I hope there's a legal eagle on this board - I just re-read my POA's (plural) and now I'm a little confused. I have POA and Advance Medical Directive and Health Care POA. The POA reads that it does not terminate upon his disability, incompetency or incapacity..... Isn't this statement what makes it a Durable POA even if the word Durable is not used?

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Replies to "I hope there's a legal eagle on this board - I just re-read my POA's (plural)..."

Like you I am a little confused regarding the POA and durable POA. Hubby and I have had all the legal papers for each of us in place for years; however, recently because of his Dementia diagnosis we were told, and I read it in the book “The 36 Hour Day,” that “A general power of attorney becomes void if the person who granted it becomes mentally incapacitated. A durable power of attorney authorizes someone to act on behalf of a person after they become incapacitated and unable to make their own decisions.” As a result we have gone back to a lawyer and had both of ours updated to durable with me having authorization over hubby and my oldest son having it over me if needed down the road. We are about three years in on this journey…it’s been hard making all the daily life adjustments, but we are making it…one day at a time.
I admire you for making the road trip. We have enjoyed traveling and I am not ready to quit. I have considered doing the same just the two of us.