Legal Question in Elder Law in New Hampshire

what steps should POA take after person becomes incapcitated


Asked on 7/06/11, 1:50 pm

1 Answer from Attorneys

Stephanie Burnham Burnham & Associates, Attorneys at Law, PLLC

First, make sure you have the actual power of attorney and determine in what capacity you are going to act: financially, heath, or both.

If it is for Health Care make sure that the Primary Care physician and all other doctors that the incapacitated adult sees routinely have a copy and go to every appointment. You also should speak with each medical provider to get a solid understanding of the incapacitated adults conditions, sometimes this can be arranged as a telephone conference with the doctor.

If it is for finances, you should start by gathering all of the mail for the last 30 days to determine what the bills normally are and what assets (like bank accounts) the incapacitated adult owns. You then should take the power of attorney to the incapacitated adult's bank to be added to the bank accounts. Make sure you understand the income and debts completely and create a budget for the incapacitated adult. Then manage that budget and pay the bills. ALWAYS keep records of everything that you do, every bill that you pay, every check that you write, every receipt. You should even make notes on the bills, receipts and memo lines of the check as to what the purchase/payment was for. At the end of year you should make an accounting showing the money in, the money out, with back up documentation and adjust the next years budget accordingly.

If you have questions about how to do this, please do not hesitate to call. We would be happy to assist you in your new role. Good luck!

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Answered on 7/08/11, 7:11 am


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