Legal Question in Elder Law in Oregon

power of attorney with disability planning

Mom has a revocable living trust, (she is the trustor & trustee-I am the successor trustee). She also has an advance directive (listing me as her health care representative) & a power of attorney with disability planning appointing me as her agent & attorney-in-fact.

I know she appointed me because she knows she can trust me 100%. Her health is REALLY starting to fail quickly...she's in her mid 80's.

I want her to control her affairs as long as she can but if it comes down to it that she can't, what form do I need the doctor sign to give me power of attorney so I can deal with her banks to access her accounts and pay her bills for her?


Asked on 9/24/08, 7:32 pm

1 Answer from Attorneys
Ann Sattler Aiken, St. Louis & Siljeg, P.S.

Re: power of attorney with disability planning

Did she sign a financial durable power of attorney? If the one she signed only covers health care, she has to choose to execute a financial power of attorney authorizing you to take such actions. If she is unable to choose because her current health makes her incompetent, you will have to proceed with a guardianship and the court appointed guardian will have authority to access her finances.

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Answered on 9/26/08, 2:16 pm


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