Mom Has Dementia, But the Bank Rejected Your POA? The 'Durable' Clause You Missed

Mom Has Dementia, But the Bank Rejected Your POA?

Your mother has been diagnosed with advanced dementia. You need to access her checking account to pay for her nursing home.

You confidently walk into the bank with the "Power of Attorney" (POA) document she signed five years ago. You hand it to the teller.

The manager comes out and says: "I'm sorry, we cannot honor this document. It is not Durable."

You are stunned. Isn't a Power of Attorney supposed to work exactly for this situation? Unfortunately, not always.

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The Fatal Flaw: General vs. Durable

Most people assume a Power of Attorney works forever. Legally, that is false.

• General POA: This gives you authority ONLY while your parent is mentally competent. If they become incapacitated (coma, dementia, stroke), the POA automatically expires.
• Durable POA: This contains a specific clause stating the power "shall not be affected by subsequent disability or incapacity of the principal."

If your document doesn't have the word "Durable," it may become worthless the moment your mother loses her mental capacity—exactly when you need it most.

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The "Springing" POA Trap

Some seniors sign a "Springing Power of Attorney." This document says: "My son can only manage my money IF I become incapacitated."

It sounds safe, but it is a nightmare for families.

Why? Because the bank won't just take your word for it. They will demand two doctors to certify in writing that your mother is incompetent. This process can take weeks, while bills pile up unpaid.

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The Solution: Immediate Durable POA

Elder law attorneys overwhelmingly recommend an "Immediate Durable Power of Attorney."

This allows you to act now (if needed) AND later (if she gets sick), without jumping through hoops to prove incapacity. Yes, it requires trust, but it prevents financial paralysis.

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Conclusion

Go find your parents' legal documents right now.

Look for the word "Durable." Also, check the date. If the document is older than 5 years, many banks may reject it as "stale" even if it is valid. Get them to a lawyer immediately to sign a fresh one while they are still lucid. Once dementia takes over, it is too late.

Disclaimer: This article is for informational purposes only and does not constitute professional legal advice. State laws regarding Power of Attorney vary significantly. Always consult with a qualified Elder Law attorney to ensure your documents are valid and enforceable in your state.