Medical Power of Attorney and Other Informational Help

[Miss Scarlett]

Originally Posted by DomnNC

Hi Lyric,

Sorry to hear about your partner. You've already been given wonderful advice concerning medical power of attorney and power of attorney. Toxic also needs to fill out a living will as well and have it notorized.

One other thing that will save yer rear end financially, if you have a joint checking or savings account then you need to go to the bank and fill out (crap, can't remember the legal term for it) a paper that stipulates that in the event of death of either of you then the remaining partner is entitled to all funds in said accounts and if something does happen (and I wouldn't wish that on anyone) then you need to get your lil rear end to the bank asap and switch all the accounts over to your name only. If you don't have ALL that done when the bank finds out one is deceased they freeze your account until the estate is settled. It basically states all funds accumulated by the two of you in that joint account becomes yours.

When my wife passed away I went down to the bank within the week and had her name taken off everything and put in just mine so her relatives or some off the wall person claiming she owed them something couldn't come knocking wanting a hand out.

Originally Posted by DomnNC

Socialjustice just told me the document was called a Benefit on Death, I think that's it!

Also, if you have any autos that are co-owned or is just in Toxic's name and he wants you to have it, you might want to consider switching the title and tags to your name. You can always name Toxic as the primary driver but that's up to ya'll.
When my wife passed away we had 9 payments left on her car. I had to pay it off, get the title, go to estate court and place a lien on the vehicle so I was the highest creditor she had so the car went to me when the estate was settled.

Again, I hope nothing like that happens to Toxic, I hope you find a neurologist that will work with you! Good luck to you both!

I think the document DomnNC is referring to for the bank accounts has to do with Rights of Survivorship or in your state it may have something to do with Joint Tenancy. I don't remember what it is called either. You'll have to ask your bank and explain to them what is going on and what you want to do. Do that ASAP. If the bank also requires a Power of Attorney from Toxic (even if it is a joint account) as them to be specific about whether or not it has to be recorded somewhere before they will honour it. (In NC they have to be recorded at the Register of Deeds before they are honoured and it can take a couple of weeks to get the recorded original back before you can use it anywhere.)

Excellent advice about the car too. When my Mom died she had a leased car and was the only person on the lease. Honda expected my Dad to turn the car in AND pay the balance of the lease (2.5 years) but would not put anything in his name. The Power of Attorney "died" when my Mom died. Dad kept & drove the car until the end of the lease.

If you own your home you will need to address that too. Please talk to an attorney as soon as possible.