How do I get POA of my married father?

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How do I get POA of my married father?

My father is married to his 2nd wife. She is a lot younger than him and not very good at making smart decisions. With his health getting worse I’m worried that if something happens she won’t make the correct decisions like he wants. I want to have the authority to make the important decisions when something happens to him. That way I know everything is taken care of properly. How would I do that? I almost 90 he would be OK with turning it over to me. I plan on asking him but want to have my paperwork right before I do. Do I need to be power of attorney or executor? I just want to make sure his arrangements are done like he wants and his wishes are met like he would want them.

Asked on March 22, 2017 under Estate Planning, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Power of attorney for financial matters needs to be signed in the presence of a notary; however, that power of attorney ends upon death.  Both you and your father sign in the presence of the notary.
There is a durable power of attorney for health care which would allow you to make decisions regarding medical treatment if your father is unable to make those decisions.
If your father has a Will, you should be named executor which will give you peace of mind that the provisions of his  Will are followed.


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