Knowing when someone needs a power of attorney and exactly what authority it gives the bearer is important. This guide is about the responsibilities of a power of attorney.
I have durable power of attorney over my 76 year old dad and I live with him. I am trying to encourage and prevent him from driving because he has been diagnosed with Alzheimer's/dementia and has quite a bit of hallucinations, memory loss, lack of motor skills, and reasoning, etc. He continues to argue with me that he is not crazy (those are his words, not mine) and he is quite capable of driving.
I received info from another legal source that I can be held responsible for an incident, such as if he gets into a car accident and kills someone else. They can hold me responsible for the death of the other person because I am aware of my dad's health issues and I could even go to jail. I have been trying to collect all tangible information I can on this ailment and the legal ramifications and hopefully some serious communication from his doctor to try and get a handle on this issue. I just want to make sure what legal and/or criminal responsibilities I may incur if something like this happens. If anyone knows the actual case law so I could look it up, that would be great.
My mother may soon reach this point. I am not looking forward to it. "I might just as well be dead" is what she says. It is possible in my area to make an anonymous complaint to the police, and when they investigate, the elderly driver in question would have to take a drivers' test. That may be one way to avoid him being angry with you. It seems slightly underhanded, but it is something to consider,especially as you are living together.
My father had a stroke in November of 2015. Since then my brother, who lives in the same state, Florida (I reside in N.C.) has taken a ton of the responsibility for everything concerning Dad.
I have not been sent any papers to sign or seen any legal documents, but my brother states that we are both the POA and executor of Dad's estate. The bulk of it is in an annuity. Not that I don't trust my brother, but he and his wife (whom I don't trust) have taken out 20,000 dollars already from Dad's account to help with Dad.
This I didn't question and in fact felt he deserved something. My brother states that I can not be sent any money till 60 months after Dad has been determined ill and that only he can take money from the annuity. Is this true in Florida?
Might be a good idea to pop down for a visit, as well.
Long story short, my BF lives in the United States, but I do not. He was incarcerated, but gave me power of attorney to try and sell his vehicles. The problem is his vehicles are under financing and a lean loan. Should I inform these companies that he is incarcerated? Or just tell them I have POA and need to know how to sell them? My fear is they will try to reposess them because no payments have or can be made on them. Any advice is greatly appreciated.
Unfortunately to sell 'Secured' property as you describe, it must be paid off prior to selling it...usually. I would recommend contacting the lean holders to work out a deal of some kind. Also the POA may be invalid if your boyfriend executed it while incarcerated as he has lost his Citizen rights, including entering into contracts, which a POA is. On the bright side, the lean holders do NOT want the property back. It's a money losing pain in the butt deal for them so if you contact them & are honest about the situation, they may allow you to sell the vehicles to satisfy the loans, at least. Hope this helps. Best Wishes.
I was POA of my dad. He passed and I found out a POA is only good when they are alive. My question is before he died I moved money from his account to mine am I allowed to do this? He had no will, no living trust, no house, and no property. I payed all his bills and closed all his accounts as well. Any help would be appreciated.
Never heard of POA only good while that person is alive ! If you are the ONLY sibling I feel it would be OK for you to do that.....Now if there are other Siblings here then you would probably have to split the money of what is left to be fair. I have an Uncle that was POA over my Granny and he paid her $10. !! for her house/land since she stayed in his house. Long story short there is an Aff. of Heirship and the Uncle is trying to take ALL ! very sad....
My mother currently has a POA for my brother who is incompetent. She can no longer handle the stress. How does she give me the POA for my brother so I can have legal rights to his medical records and information concerning him? Also, he is in a correctional facility in Florida. They will only give his health information to my mom as she holds the POA.
I have a brother who is mentally challenged. My sister went to an attorney and asked him to fill out papers for her to become his guardian. She had to get the approval of all his siblings. I am sure your mother would approve if you wanted to do this.
Harlean from Arkansas
I live with and take care of my mom. My sister has POA and she is always saying she is going to take my house, my name is on the deed, and change my mom's will. She also told me because she has POA she can come into my house anytime she wants and do whatever she wants. Is any of this true?
NO ! POA's cannot benefit financially !!!
My dad is in a nursing home and his attorney in fact died. My dad's brother is now conviced that he can be in charge of my dad's money and get power of attorney. He is 70 years old has been schizophrenic since childhood and has also filled for bankruptcy in the past. If he gets in charge of my dad's money he will steal it. Is there anything I can do to stop him from getting charge of my dad's money? Will the court even consider giving him power of attorney? Can he be appointed without me knowing?
If you dad is capable, talk to him about this. Just because he is in a nursing home does not immediately make him incapable of handling his own affairs. If he does in fact need help, then you should consult a lawyer who has some experience with these issues.
My mother fell and broke her hip. She gave me power of attorney over her. She has a grandson staying in her home. He doesn't pay rent he just stays there, he has no job, and depends on my mother for money. How do we go about getting him out of the home?
What Maw Maw said. If they get along and he has some character (clearly no ambition), he could be very helpful to your mother, as long as he is reliable, and that would be what you need to determine.
My uncle was a POA for my grandmother. She had land and a house. My uncle just took it upon himself and had my grandmother sign over her land and house to him. My grandmother was age 94 and could hardly see. There is an Affidavit of Heirs. Now Grandmother has passed and Uncle thinks he should get it all? How will the Affidavit of Heirs work now? Do I need to get a lawyer?
He also took money from her, made checks out to cash, etc.
As POA your uncle is responsible to handle your grandmother's financial affairs but not to benefit financially him in any way. I strongly suggest you consult immediately with an attorney experienced with POAs, elder care and abuse. Your uncle must account for every penny of your grandmother's money from the POA forward. He may even be liable for monies he handled before the POA.
Using his power of attorney, thinking he is protecting her assets from Medicare, my brother put my mother's stocks into his own account without my knowledge or hers. I have power of attorney as well. He refused to make it a joint account after she and I found out. He just promises he will give me my share when the time comes. He is using the dividends to pay some of her bills - not his own use. Was this legal? Should I trust him?
We are on good terms, but when it comes to money no one knows.
Any time people start moving money around to make themselves, or in this case, your mother, look poor when they are have assets, it can be problematic. If I were you, I would consult an attorney. Remember your Medicaid officials deal with people all the time; there is likely no scam or dodge that they haven't seen, and they are likely on the lookout for anything like this.
I was appointed my grandparents' POA 10 years ago. My grandmother passed on 7 years ago. They have no living children. My sister and I are the only grandchildren from their only son who passed on 10 years ago. Granddad has been falling and has broken ribs. Doctors are evaluating him in a rehab facility. He is 89 years old with no terminal illness at this time, but continues to get weaker and not able to live alone. We are hoping the therapy will help so he can go home with home care help.
My grandmother always handled all the finances and my grandfather has never dealt with it. I picked up my grandmother's responsibility of the finances to help granddad when she past on. I have a 23 year old nephew that lives with granddad, but is no help for the care he needs. My nephew guilts granddad into paying his bills and constantly giving him money. I can't balance the accounts because of the extra money my granddad hands over to the nephew all the time.
We know home care is going to be expensive and need all the funds so granddad gets what he needs. I have talked to him about this so many times and he said my grandmother's dying wish was for him to take of and not let anyone run over the nephew. I am mentally exhausted and don't know what else to do. Any suggestions are greatly appreciated.
Dying wishes are terrible things to extract. I am sure your grandmother didn't Intend your grandfather to risk his own life and security to care for this nephew. Where is your sister in all of this? But, what you need to do, is put your grandfather on an allowance. This is tough to do, and might help if you enlist the help of someone from the bank your grandfather deals with. I had to do this for my mom, who had a gambling issue and owed thousands of dollars of income taxes. Your grandfather needs to realize that a 23 year old is an adult who should be looking after himself. And you may have to risk alienating this young fellow by kicking him out if that is necessary for your grandfather's health and security.
My grandma and grandpa years ago gave my uncle power of attorney. After he became POA he took out a mortgage on their home and did not notify anyone of this. Prior to this their home was paid off. My grandma died recently and in her will her request was to sell the home and split it between her children. There is about 100,000 more owed on the home than it is worth. If her will says to sell does it need to be sold? No one has the 100,000 to pay the difference of the sold price and the amount owed.
You must immediately consult with an attorney specializing in elder finance, POAs, elder care & abuse and learn what alternatives you have in this sad situation. Appears the nephew has the responsibility to report all legal and financial moves he has made in connection with your grandparents and may face criminal charges, as well. This will, unfortunately, be a difficult and emotional road for all involved.
My brother, who was incarcerated, asked me to be his POA. He is now out on parole and is still asking me to do things on his behalf. As POA am I a target if anything goes wrong? For example, bad business dealings on his part. I am helping him somewhat financially and do not want to be part of any bad dealings.
Personally - I believe it may be time for you to remove yourself from being his POA. A POA is usually (but not always) used when the person cannot do these things for themselves.
Think about it - would you do whatever he is asking you to do if you were doing it for yourself? Because: - that is what you will have to answer to. Ignorance is never a reason/excuse when it comes to legal problems.
Why not help him with whatever you feel comfortable with and leave the rest to him?
I need to shrink a leather skirt. I'm seeing all theses things like put them in a dryer, wear the clothes wet to form to your body, but how do I know if these things are true? Help please.
I agree with the previous posters. I think you would ruin it if you attempted to shrink it. Take it to a seamstress and have it made smaller.
My wife has been diagnosed with dementia. Without my knowledge, her nephew got her to add him to her bank accounts. If I can get a durable POA, can I have him removed from her bank accounts?
You must consult with an attorney specialized in elder care/abuse issues immediately to remove your nephew from access to your wife's accounts and protect you both. A POA is usually needed for medical and financial decisions, not legal issues.
My mother died 9 months ago she was bed ridden for 4 years. My sister obtained power of attorney and moved money and even destroyed a will that was in a drop box at a local bank. She took $67,000.00 and bought a home in Arizona, moved money to another bank and to a bank to Arizona with her daughter's name on it.