If you haven’t already faced this, you will find that the Durable Power-of-Attorney (POA) doesn’t work with U.S. financial institutions. At least that has been our experience, and I have heard from dozen’s of others who found the same issues.
Most financial institutions and insurance companies want the POA to be their version. A court battle would most likely get you what you need, but we all were thinking this legal tool would be easier to use than it has been.
Three months ago we started to pursue filing a lawsuit for guardianship of my parents. After meeting with many professionals and a little soul-searching, we wanted to first exhaust all other methods. We knew our parents would understand the nature of the lawsuit. Our parents were (and still are some days) resistant to any assistance. We had their friends, doctor and the retirement community suggesting that we do something to help my parents move forward with more dignity — most suggested we pursue guardianship which would allow us to make all the decisions for our parents that they would be unable to overturn.
We recognize how hurt our parents were with the loss of their cars. They didn’t remember that a doctor had written a note to the DMV and their licenses were revoked — so my dad continued to drive. While they initially handed over the keys, they continued to tell everyone their kids stole their car.
We felt the move for guardianship would be a direct hit on my parent’s dignity. There had to be another way to move forward without causing more hurt.
I upped my weekly visits and I have worked to adapt to better serve my parents needs on their terms. Most days, my mom understands they are on the waiting list for assisted living and while I’m sure this won’t be easy, we are moving closer to the right solution for my parents. Reflected.