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A person grants you POA.

If your mother wants to appoint you her POA, make her an appointment with an attorney who specializes in Eldercare or Estates.
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You don't get a POA, you have to be assigned a power of attorney by someone who is COMPETENT and is willing to have you make their financial and/or healthcare decisions for them. In addition you must be willing to take on the authority and responsibility to make those decisions. Being assigned a POA is a serious decision by both the agent and the principal, It can result in the agent making life or death decisions for the principal. If a POA is acceptable by both the principal (the one granting the POA) and agent (the one accepting that responsibility and authority) , an elder care attorney should be contacted to draw up the papers.
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If your LO is in a bind (either physically or financially) and is competent, they (or someone they designate) can go to Legalzoom.com or Rocketlawyer.com to learn about what PoA is and does and then they can download the actual documents (customized to their state's laws and to however much authority they wish to assign to however many PoAs). Then they need to make it legal by following what is required by their state (typically signed in front of non-family witnesses in the presence of a notary).

In one of our family situations my in-laws were both beginning to fail physically and in memory. They were broke and very resistant to any reasonable help, not really admitting the reality of their situation. At one point they were both in a rehab center for falls they had experienced in their home. I downloaded the forms (multiple sets) and at a care meeting in the rehab with both of them AND the admin, we had a discussion about PoA. I had the paperwork there. My MIL signed it and made her 2 sons durable PoA but her husband wouldn't sign anything. The facility had a notary, and they were the witnesses. Boom, done. Valid and legal and inexpensive and easier than going to an attorney.

Those websites do have actual lawyers who practice in your state available to consult. I got their docs for under $40.

My resistant step FIL wound up becoming a ward of the county and dying in a crappy Medicaid facility.

I do recommend you or your LO choose "durable" PoA which does not require any proof of incapacity, and may make many people nervous but if you trust your PoA it is merciful since "springing" usually means the family, PoA or caregiver has to get the assignee into a doctor's office for a specific diagnosis and many times they are resistant or physically unable.

It is important to know that each PoA should get their own originally signed and notarized copy. Many places will not accept a photocopy of such an important document. Also, banks have their own PoA protocol so do not expect to go in to do the business of your LO with your own copy. Call the bank first to see what they require. In FL, one bank required I bring in the actual persons (one was 99 with dementia and the other 102 -- both barely mobile) plus state IDs. The other bank didn't require their presence but did require I bring in my PoA paperwork PLUS my LOs state ID AND a current credit or debit card. This also applies to investment entities.

Don't rely on the lawyer to keep your paperwork for you. They may retain a copy but the assignee and the PoAs need to have their own original copies on hand themselves.
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igloo572 Aug 2021
Excellent info. I’d like to add that in some states you are supposed to record the POA at the co courthouse.

MS does this. & for absolutely more fun in this, should you as the POA go to try to sell the property of the individual you r POA of and it’s not recorded, it can stall the sale. Which the buyer will of course try to use to their advantage,
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I recommend you allow a lawyer to write up the DPOA and Medical directive. By allowing a lawyer there will be no question about its validity. It will be witnessed and notarized. Mom has to be competent to assign it. She must understand what she is signing off on. No Dementia.

Since it looks like Mom already has health problems you may want to have her make it "Immediate". This means upon signing you can take on certain responsibilities for Mom. But, she still is competent to handle her own decisions. "Springing" means that you need a doctor or two to declare Mom incompetent.
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Geaton777 Aug 2021
JoAnn, in all the years of my husband and BIL acting as PoA for their mom, the paperwork has never come under question. "Validity" usually becomes an issues within squabbling family members.
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