Her lawyer has the original POA document that I need for the bank, financial planner, etc in order to manage her bills, get her an aide to come in. The lawyer will not release the POA to me unless my mother calls and requests it, or unless I take her to her doctor and he writes a letter she is incapacited. She is unwilling to do either because she says she is fine, she doesn't need help even though she is using up all her investments and starting to hoard again after I had wildlife removed from her home. Can the lawyer refuse to give me the POA and if I can't get my paranoid mother to ok the release what can I do?
Good luck with this,
Carol
I'm not sure on the particulars on "Springing POA's" but apparently in some states
attorney's & banks require a current letter of incapacity in order to grant you the powers to act under the POA that was done in the past. In other words the POA "springs" into life only when the incapacity happens, therefore the need for the doctor's letter.
If they did a Durable POA (DPOA) with 2 notarized signatures that is totally 100% useable with no issues, but the simple POA won't cut it anymore. I know of this happening especially at banks that are multi-state. Perhaps this is what's what.
The whole "springing POA" has been an issue maybe the past couple of years.