Legal Question in Elder Law in Oregon

power of attorney with disability planning

My 83 year old mother has a ''power of attorney with disability planning'' saying in the event of her disability or incomentency she lists me as her agent and attorney-in-fact which she drafted in 2002.

Her health is going downhill.What kind of power of attorney should I have in order to pay her bills from her checking account & deal with all of her other companies she deals with?


Asked on 3/12/08, 10:13 pm

2 Answers from Attorneys

Todd Hammond Todd S. Hammond, P.C.

Re: power of attorney with disability planning

A Durable Power of Attorney would be highly recommended. A "Durable" Power of Attorney enables the Agent to act for the Principal even after the Principal is not mentally competent or physically able to make decisions. The "Durable" Power of Attorney may be used immediately, and is effective until it is revoked by the Principal, or until the Principal's death. If you would like to further discuss this issue and any other estate planning, please feel free to contact me at my office in Salem Oregon or by email at [email protected].

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Answered on 3/13/08, 11:36 am
Bonnie Popia Proctor & Popia, LLC

Re: power of attorney with disability planning

You should contact an elder law attorney to review the power of attorney you mother already has. It might be okay. Your mother should also engage in other estate planning ie Advance Directive for Healthcare, will, trust, etc. It will make things much easier for you.

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Answered on 3/13/08, 12:32 pm


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