Writing/Signing letters as a POA

PaunchyPirate

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I have long had POA powers for my mother, but only recently started to use them due to her diminishing capabilities and recent entry into an assisted living facility.

I understand how I am supposed to sign documents on her behalf, when her signature is required on the document. There are a couple of acceptable ways such as "<Mom's signature> by <My signature>, under Power of Attorney". There are other acceptable standards, and sometimes you need to ask which format the recipient wants.

However, what if I am writing a letter to some company asking for something on my mom's behalf. Or if I am writing a cover letter for some documents that I am sending in. Do I write the letter as if it was my mother writing the letter and then sign it using the above signature method. Or do I write the letter as if I am her son acting with POA permissions and then sign my own name. For example, I need to send a copy of the POA to her pension medical provider. I need to attach a cover letter, so they will know why I am sending this and to include account numbers and such. Do I "pretend" mom is writing the letter (using "my account", "my son is POA", etc. and sign it as <Mom's signature> by <My signature>, under Power of Attorney? Or do I write the letter as the POA ("on behalf of my mother's POA, I am sending this document for your records") and just sign my own name?

Any tips from those who have gone thru this? Hopefully I've clarified what my ask is enough for you to figure out what I'm meaning.
 
Interesting question....

I only used POA for my mom once, selling her condo... but I signed my own name and did not reference her at all... the title company did not say anything...

When I wrote any type of letter (maybe a couple) I always was the writer... IOW, I would reference mom but it was my letter so they knew to talk to me..
 
I have long had POA powers for my mother, but only recently started to use them due to her diminishing capabilities and recent entry into an assisted living facility.

I understand how I am supposed to sign documents on her behalf, when her signature is required on the document. There are a couple of acceptable ways such as "<Mom's signature> by <My signature>, under Power of Attorney". There are other acceptable standards, and sometimes you need to ask which format the recipient wants.

However, what if I am writing a letter to some company asking for something on my mom's behalf. Or if I am writing a cover letter for some documents that I am sending in. Do I write the letter as if it was my mother writing the letter and then sign it using the above signature method. Or do I write the letter as if I am her son acting with POA permissions and then sign my own name. For example, I need to send a copy of the POA to her pension medical provider. I need to attach a cover letter, so they will know why I am sending this and to include account numbers and such. Do I "pretend" mom is writing the letter (using "my account", "my son is POA", etc. and sign it as <Mom's signature> by <My signature>, under Power of Attorney? Or do I write the letter as the POA ("on behalf of my mother's POA, I am sending this document for your records") and just sign my own name?

Any tips from those who have gone thru this? Hopefully I've clarified what my ask is enough for you to figure out what I'm meaning.
In all written and verbal communications I’ve had on behalf of my mum I’ve always introduced myself first and then immediately informed that I was communicating with them as her representative POA.

This was the approach recommended by the attorney who prepared her docs. He said if I pretended to be her I was exposing myself to an accusation of fraud or deception. This was confirmed by reps at USAA and Vanguard.

I’ve had numerous interactions and only had issues with her health insurance providers, who are remarkably uncooperative.
 
In all written and verbal communications I’ve had on behalf of my mum I’ve always introduced myself first and then immediately informed that I was communicating with them as her representative POA.

This was the approach recommended by the attorney who prepared her docs. He said if I pretended to be her I was exposing myself to an accusation of fraud or deception. This was confirmed by reps at USAA and Vanguard.

I’ve had numerous interactions and only had issues with her health insurance providers, who are remarkably uncooperative.
Same here. I just told them who I was and our relationship and that I had obtained POA over her affairs. Once or maybe twice, I think I was asked for a copy of the documentation showing that I was, indeed, POA. It shouldn't be a big deal but write/contact as yourself FOR you mom and make it clear. They're all used to this sort of thing. They'll let you know if they have some issue with the legalities or paper work.

Best luck. This isn't always a fun time and you have enough problems taking care of your mom and her affairs. Hopefully the POA will not be at issue.
 
I believe the Power of Attorney makes you her "attorney-in-fact." In other words, that is your title. By analogy, you write a letter as the attorney-in-fact the way an actual attorney-at-law writes a letter on behalf of a client they represent. They might begin their letter something like, "I am an attorney representing so-and-so, and I am writing to ...." You might begin yours similarly: "I represent so-and-so under Power of Attorney ...."

added: A quick Google reveals that some jurisdictions prefer the term "agent" instead of "attorney-in-fact." Makes sense to me, as "attorney-in-fact" could be misinterpreted. Best to minimize the legalese terminology.
 
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Thanks everyone. That is the way I was leaning, but I started to doubt myself as I wrote the first letter. This was helpful.
 
In all written and verbal communications I’ve had on behalf of my mum I’ve always introduced myself first and then immediately informed that I was communicating with them as her representative POA.

This was the approach recommended by the attorney who prepared her docs. He said if I pretended to be her I was exposing myself to an accusation of fraud or deception. This was confirmed by reps at USAA and Vanguard.

......
Agreed, even when I phone for an elderly relative who is right beside me, I tell the phone rep who I am and that I'm phoning for my relative... Even when I don't have POA. Just doing a favor.

My DD once tried to impersonate her Aunt, who was sitting with her, but DD didn't know the answers to questions and it became obvious something suspicious (in the mind of the bank rep) was happening, so the call was terminated.
 
In the examples given in the OP, I would write and sign the letter as myself but point out my POA/AIF/agent status in the first paragraph along with the reason for the letter.

Institutions deal with these things all the time. They vary widely in the ease or difficulty of dealing with them via POAs. Most are easy to moderately easy to deal with assuming you have a valid POA. The one exception for me was my Dad's 529 plan administrator who seemed to think I was a foreign spy trying to steal nuclear launch codes from Fort Knox.
 
Same here. I just told them who I was and our relationship and that I had obtained POA over her affairs. Once or maybe twice, I think I was asked for a copy of the documentation showing that I was, indeed, POA. It shouldn't be a big deal but write/contact as yourself FOR you mom and make it clear. They're all used to this sort of thing. They'll let you know if they have some issue with the legalities or paper work.

Best luck. This isn't always a fun time and you have enough problems taking care of your mom and her affairs. Hopefully the POA will not be at issue.
This has been my experience as well.
 
mom's name printed, "by" my name signed, "attorney-in-fact"

but I was also primary caregiver & didn't want to face the possibility of "we only accept our POA document, not a general attorney-prepared POA" as mom got sicker

so I also setup a revocable living trust with myself as co-trustee (not successor) and moved everything into that ASAP using her durable POA

did the same for one of her siblings just a few years ago as well
 
I appreciate the information up thread. Just got DM's POA form notarized, so this is helpful.
 
I learned recently that if I don’t have medical power of attorney for my adult children and they are hospitalized, the medical staff may not provide me with any information since they are over 18. I will have no say in treatment plan should they not be able to manage.

Also, following meeting with our FA at FIDO, she recommended DH and I have power of attorney for each other. If one of us is incapacitated, the other will be able to manage the other’s account and keep up with RMD’s. She Fed Ex’d the two forms we need to sign and get notarized.

We’ll speak to unmarried kids to be sure they provide us, or each other the same.
 
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