If my parents have me as the agent in their Durable Power of Attorney, what do I do next?

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If my parents have me as the agent in their Durable Power of Attorney, what do I do next?

It becomes effective with their doctor’s written statement that they are unable to effectively manage their affairs. We are at that time. What happens after I receive the doctor’s statement? Do I have to file something? Will acting as their agent mean I have to send copies of the Power of Attorney and doctor’s statement to whomever I need to do business with? I was just wondering how to proceed with the next step?

Asked on August 13, 2013 under Estate Planning, Washington

Answers:

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

Answered 7 years ago | Contributor

You don't have to file anything regarding the Durable Power of Attorney and the doctor's written statement.

The Durable Power of Attorney authorizes you to make medical decisions for your parents since they are unable to make those decisions.  A healthcare provider will ask to see the Durable Power of Attorney, and will make a copy for their file.  Unless requested by a healthcare provider, you don't have to provide the Durable Power of Attorney and the doctor's accompanying letter. Once it is in your parents' medical records of one healthcare provider, it will probably be provided to other healthcare providers for your parents as part of their medical records so that other healthcare providers can discuss your parents' medical issues with you.


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