I live in one state, and my sister lives in another. I live in the same state my mother has lived in for decades, and more than two years ago we had to move in with my mother because she couldn't live by herself any longer (dementia) and we couldn't afford any place else for her. I have complete power of attorney. However, a place has opened up that is (just barely) affordable in the state my sister lives in. Could we give my sister power of attorney in that state? It might be a bit more limited than mine, but it could make it so much easier for her to operate. However, I don't want MINE to be revoked because I handle most of her taxes, paperwork, etc. Is this possible? I have heard about there being joint Powers of Attorney (where they have to act in concert), but that is not what I'm talking about here. Does anybody know?
So, if your mother is still competent enough to sign a DPOA, I think you may have two options: 1) have her sign a new DPOA for your sister to have whatever authority she needs to oversee your mother's care in her state without revoking the DPOA you already have, or 2) have your mother sign a new DPOA that revokes the old DPOA and names you and your sister jointly, or alternatively, you or your sister separately.
If your mother is not competent to sign a new DPOA, then you and your sister could work together with just your DPOA authority, but if that is unworkable for whatever reason, then I think guardianship and conservatorship may be your last option. And, yes, there can also be more than one guardian and/or more than one conservator, although in your case it sounds like a better fit might be for you to be conservator and your sister be guardian, while you continue to work together taking care of your mother. (Disclaimer: My experience with guardianship and conservatorship is limited to just Idaho.)
katannsed, as for having your Sister also be Power of Attorney, that could work if you have "Elder Law Attorneys" working in tandem. Sounds like you want your sister and you to have equal access POA for both Medical and financial. Or your Mom can elect just your sister as Medical, and you as Financial. Thankfully your Mom can still understand what she is signing.
Many States accept the Power of Attorneys written in other States, some States do not due to different State Laws.
My own Power of Attorney is 17 pages as I had an "Elder Law Attorney" draw up the POA, plus other legal documents that would greatly help the family through this maze.
It would be good to have Mom get a Medical Directive which would help guide your sister with the medical issues as to what Mom wants done for her care. My parents had such a Directive and I was so grateful they had this drawn up.... great guideline for me to use. I also have a Directive for my own self.
It is in fact possible for someone to authorize another to act as proxy, IF the document provides that authorization. I was surprised when I reread my father's recently to realize that even though my sister and I were designated, we had that authority to assign to or bring another individual in to help us manage our responsibilities.
Katannset, if you're still around, read the document carefully to see if you have that kind of authority.
My attorney was way ahead of me when she prepared it over a decade ago.
Like Harpcat - sharing the burden makes it half a burden.
Although we are both DPOA, at this point I am the only one who has used either the financial or medical. Unless something happens to me, that works. If she needed someone to advocate for medical and I was not available, at least he has that power. Although I wish my other brother was also DPOA, it would be difficult for him to manage some of the issues since he is not local (2 day drive.)
Since your mother is still on the cusp of being able to sign, you should absolutely be able to get a new DPOA document that adds your sister. The document should be done by an Elder Care Attorney and can specify what duties each of you would perform, but as long as you work together well, I would have you both assigned to be able to handle ANY necessary financial or medical issues, and just coordinate that between you (each can then take over for the other in the event that something happens to one of you!)
That Elder Care Attorney can also advise you regarding the differences in state guidelines. Hopefully one document/attorney will suffice (the non-local brother did not get the DPOAs, but he WAS added to the trust, all drawn up here, not where he lives.) You will also need to ask what is better - have mom do the documents now where she lives or later in the new location? I think some of the power of the documents may relate more to where mom is, since it is SHE who is directing the powers. Again, best to consult this with a competent EC Attorney!