The durable power of attorney and an unexpected scenario

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 aide his daughters had hired to help him.

Still, the family was prepared in the event Jim’s health or mental sharpness were to take a turn for the worse. They had a durable power of attorney document. 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 left to do.

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,” the website asked. 

At the time Jim had set that question, he had no problem remembering the name of his first barber. But now his memory was too fuzzy.

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, but she didn’t have time to do either. Patty eventually straightened out the situation, but it had been a huge headache. “We thought we were prepared,” she said.

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.

The Delaware Transitions program offered by Delaware Hospice has been supporting family caregivers since 1982, and its team members have learned a lot along the way. 

Planning is critical even if every scenario cannot be anticipated. The road is much more difficult once someone’s mental capacity begins to fail or they can no longer communicate personal wishes.

In Delaware, it is important for family members to have a durable power of attorney. Unlike a standard power of attorney, this will stay valid if a loved one becomes incapacitated.

It is important to have copies of the document to present. Often financial institutions will require a hard copy of legal documents to move forward. Banks are all different, so calling to understand what is required before going in person is important. Especially if family members live out of town or travel frequently, they must be proactive about making necessary arrangements when possible. That way they are not caught off guard if they cannot go in person or do not have time for the mail. 

A durable power of attorney does not survive death. Once someone dies, permissions they have given also cease. Even a person who was managing a loved one’s finances while they were living no longer has that authority after their loved one’s death, unless they are also the executor or executrix of the will. 

There are many factors to consider when planning ahead. Delaware Transitions can help family members navigate the waters. Its team is always available for free nonmedical support for families and the individuals living with serious illness.

For more information, call 800-838-9800 or go to www.delawaretransitions.org.