The Durable Power of Attorney

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Ninety-four-year-old Jim was fiercely independent. He lived in his own apartment. He paid his own bills online. And within two hours, he even fired the aid his daughters had hired to help him out.

Still, the family was prepared should Jim’s health or mental sharpness take a turn for the worse. They had a Durable Power of Attorney. They had a spreadsheet with all of his accounts, usernames, and passwords. They had a plan.

Therefore, when a COPD episode set Jim back, his daughters began to take on additional responsibilities. While visiting Jim’s apartment, Patty discovered her dad had been missing some bills. She logged into his accounts without a hitch and began taking care of some of the matters in need of attention. She figured that when she got home, she would finish up anything she couldn’t get to.

But when Patty tried to log into her dad’s accounts from her own house, the websites recognized the change in location and posed security questions.

“What was the name of your first barber?” a website demanded.

Well, when Jim set up that question, he had no problem remembering the name of his first barber. But now… the memory was too fuzzy.

Senior happy couple with son taking a selfie during a bus trip in Laos – Adventure travel in south east asia – Concept of active elderly and love sharing moments with family – Vintage filtered look

Patty called the bank. The Durable Power of Attorney did not help over the phone or by email—she needed to visit a branch location or send a hard copy by mail—something she didn’t have time for. Patty eventually got the situation straightened out, but it was a huge headache.

“And we thought we were prepared,” she lamented.

It is not uncommon for situations like this to catch people off guard. For many, managing someone else’s affairs is an entirely new experience. However, at Delaware Transitions, we’ve been supporting family caregivers since 1982. And we’ve learned a lot along the way.

First and foremost, we know that planning ahead is critical— even if you can’t anticipate every scenario. The road is much more difficult once someone’s mental capacity begins to fail or they become unable to communicate their wishes.

Jim and his family were wise to have a Durable Power of Attorney in place. Even though it did not immediately solve the security question problems, it’s an essential tool if you’ll be managing your loved one’s affairs.

Here is what you need to know about a Durable Power of Attorney:

Be sure you have a DURABLE Power of Attorney.

In Delaware, you need to ensure that you have a DURABLE Power of Attorney. Unlike a standard Power of Attorney, this will stay valid if your loved one becomes incapacitated.

Be prepared to present hard copies of the Durable Power of Attorney.

Often, financial institutions will require a hard copy of legal documents to move forward. Banks are all different and we recommend calling ahead to understand what is required. If you live, out of town or travel frequently, all the more reason to be proactive about making necessary arrangements when possible. That way, you are not caught off guard if you cannot go in person or don’t have time for the mail.

Know that a Durable Power of Attorney does not survive death.

Once someone has died, any permissions they have given you also cease. Even if you were managing your loved one’s finances while they were living, you no longer have the authority to manage their finances after their death unless you are also the executor/executrix of the will.

There are many factors to consider when planning ahead. Delaware Transitions can help you navigate the waters. We are always here with free nonmedical support for individuals and their families living with serious illness. For more information, call 800.838.9800 or inquire at www.delawaretransitions.org.

This information is not a suitable substitute for professional, medical, or legal advice.

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