Chesterfield County and SeniorNavigator
… a Partnership for Healthy Aging

Ask an Expert Q & A's

Revoking Power of Attorney, Economic Stimulus Payments, Multiple Medications and Fall Risk

Question: 

In 2006, my father became very ill and was hospitalized for approximately six months. His daughter (my sister) began handling his affairs as his Power of Attorney (POA).  My father is now well and has resumed handling all of his affairs.

My father wants the POA revoked, but my sister is not responding to his request.  She has access to all of his account information. How can my father obtain the required documents to revoke the Power of Attorney?

Answer:

As long as the principal (your father) is competent, the POA can be revoked at any time.   The principal is presumed competent unless there is a court judgment that establishes a guardianship.

The daughter that continues to act should be sent a letter by certified mail, return receipt requested, that says:

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: ______

Dear Name of Daughter,

I, Name of Father, revoke the power of attorney that I gave you.
I will hold you financially responsible for any unauthorized act by you.
Copies of this letter are being sent to my bank and my accounts.

(Signed By Your Father)

If the bank will not cooperate, close the account and open a new account in another bank with only the signature authority desired by your father. Copies of the letter should be sent to any bank or business that the father is, has, or will do business with.

If this has become a family argument with one child battling with another child and your father does not want to be in the middle of the situation, mediation may be an option. . 

A case manager at the local Area Aging Agency or Adult Protective Services at the local Department of Social Services may be able to help locate a mediator.  Also, a pastor or mutually trusted family friend may also serve as mediator.

To ask an expert about your legal concerns, visit www.seniornavigator.org.

Question:

What must I do to receive an economic stimulus payment from the government?

Answer:

All you need to do is file a federal income tax return for 2007. Even if you are not otherwise required to file a tax return, you must file a 2007 return in order to receive a payment this year. Although some filers, such as high-income filers, will not qualify for a stimulus payment, most will.
In most cases, you will complete your return, reporting all of your income, deductions and credits as you normally would. Even if you are not required to file, you must file a 2007 return to receive a stimulus payment this year. Low-income workers, Social Security beneficiaries, certain railroad retirees, and those who receive certain benefits from the Department of Veterans Affairs, who normally don’t file, may receive a stimulus payment if they do. The IRS will provide special filing instructions for those who do not otherwise have a filing requirement. The instructions will explain which lines on the tax return the filers must complete.

You do not need to calculate the amount of the stimulus payment. If you qualify, the IRS will automatically calculate the payment and it will be sent to you. The IRS will also send you a notice showing the amount of your payment. You do not need to call the IRS or complete any other special forms.

To learn more about Stimulus Payments, visit www.seniornavigator.org.

Question:

My mother is 80 years old and has just begun to take new medications prescribed by her doctors.  I am concerned because she has taken very little medication in her lifetime.    She tells me that she is feeling a bit off balance, and I am concerned about her taking a fall.  Is her safety at risk taking several drugs at the same time?

Answer:

You may have reason to be concerned -- medications can be an important contributor to falls. The total number of medications is a significant factor, with increased risk associated with taking four or more drugs. 

The risk of a fall is especially increased when medications have been changed within the past couple of weeks. Adverse drug effects, particularly sedation and dizziness, are usually greater at the initiation of treatment before the body begins to become tolerant to the side effects.
Patients and their families can reduce fall risk due to medications by:

• Informing each prescriber/doctor and pharmacist of all of the medications being taken, including non-prescription products.
• Consulting the prescriber whenever an adverse drug reaction may be occurring, especially when confusion or loss of balance is noted.
• Problems attributed to normal aging may actually be medication side effects.
• Consulting a doctor or pharmacist when choosing non-prescription products.
• Exercising caution in the activities of daily living when starting a new medication, especially those that cause sedation, loss of balance, or low blood pressure.
• Working with the prescriber to reduce the total number of prescription and non-prescription medications.

There are other factors that come into play and contribute to falls.  Individual characteristics, such as, disabilities, diseases, or age-related changes in vision may be playing a role.  At times, there are environmental causes, i.e., poor lighting or obstacles on the floor.

For additional information on fall prevention and medication management, visit www.seniornavigator.org.