5 Tips for Using Power of Attorney

by Mar 11, 2015How-Tos, Special Needs Parenting0 comments

This post explains the differences between limited vs. full special needs guardianship and between special needs guardianship and power of attorney.

In a previous post I explained why my life felt like juggling with knives from December through mid-February. Along with juggling the details concerning Mom’s finances, insurance reimbursement, and helping her adjust to a new living situation, one completely unexpected item was thrown into the mix – power of attorney issues.

5 Tips for Using Power of Attorney

Like I said, the power of attorney hiccups were totally unexpected. Why? Because long before Mom’s memory issues again, she scheduled an appointment with her lawyer, during which he drew up, we signed, and he notarized her power of attorney, living will, and medical power of attorney documents. For years our family believed that because the documents were prepared, financial institutions and insurance companies would gladly accept them when the time came.

Boy, were we wrong. Several months into life with Mom in residential care, I’m much older and wiser. This blog shares some of that wisdom, much of which has implications for parents of kids with special needs, especially those who will one day have power of attorney for their adult children.

  1. Prepare power of attorney documents ahead of time. If you can’t afford a lawyer, do an internet search using the key words “power of attorney” followed by the name of your state. Then, fill out the form and sign it in the presence of a notary public, who will then notarize it.
  2. Make m-a-n-y copies of the document. Put the original in a safety deposit box or fireproof safe. File the copies in an easily accessible place.
  3. Call your loved one’s insurance companies and financial institutions. Ask how to send copies of the power of attorney document to them. Then follow their directions to the letter.
  4. Ask their representatives what needs to be done for them to approve the power of attorney. Write that information down and keep it in a safe place for when the time comes. Some companies require an update form after a certain number of years. Others require a signed statement from the doctor.
  5. Complete the steps for invoking power of attorney. Do this before sending any other documents to insurance companies and financial institutions. Otherwise, if they require those documents to be dated after the power of attorney is approved, you will probably have to fill out and send the documents in again.

Your Power of Attorney Tips?

Do you have any gems of wisdom about power of attorney to pass along? Share them in the comment box.

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By Jolene

Jolene Philo is the author of the Different Dream series for parents of kids with special needs. She speaks at parenting and special needs conferences around the country. She’s also the creator and host of the Different Dream website. Sharing Love Abundantly With Special Needs Families: The 5 Love Languages® for Parents Raising Children with Disabilities, which she co-authored with Dr. Gary Chapman, was released in August of 2019 and is available at local bookstores, their bookstore website, and at Amazon.

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Meet Jolene

Jolene Philo is a published author, speaker, wife, and mother of a son with special needs.

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