Responsibilities of a Power of Attorney

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.
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February 13, 2017 Flag

A pencil and the word legal written.

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This is a guide about Power of Attorney and HIPPA rights. Navigating through legal and medical issues can be complicated.

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January 31, 2017 Flag

Brief case with a power of attorney in it.

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Changing a Power of Attorney designation is sometimes necessary. Here is information to answer the question: "Can I get my friend's POA changed?"

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January 11, 2017 Flag

As POA for my mother-in-law, she is in a nursing home, will I be responsible for her funeral when she passes? I am on SS and it is the only income I have. I live in Indiana, she has a son in Nevada who has nothing to do with her. I am all she has here in Indiana.

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January 12, 20171 found this helpful

many people misunderstand exactly what a holder of a POA's responsibilities really consist of. There are several types of POA so it is most important to understand what type you have.

Important item: responsibilities of holders of a POA end at the death of the individual.

In your case - this would mean that someone else (not your responsibility) would need to be in charge of EVERYTHING when your mother-in-law dies.

Here are a couple of sites that may help you understand a little more about a POA:

http://www.elde  ent-flavors-8217

http://legal-di  ower+of+attorney

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October 23, 2016 Flag

I am a Georgia resident. I am the oldest of 3 girls. Mother has had a hospital emergency. I, the big sister, was the only one that called 911, took her to the hospital, stayed, and then checked her in to find out what was wrong. The youngest sister has power of attorney. The hospital says even though I brought her to ER the sister with POA can only be spoken with unless the sister w/POA gives me permission to handle things at the hospital. Is that true? Neither of the 2 younger sisters even came to hopsital at all, the ER day, to assist me in any way. There is something wrong here yes? Would like some guidance.

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January 13, 20170 found this helpful

Hi my names Amanda.....Im my mom's power of attorney and she went back to her husband just yesterday. And she left him 3years ago they were separated...And he makes enough money to support her I just think that I have right to take over her ssi I help her with her everything like doctors appointments...i get All her meds for her...So is it possible for me to take over her ssi or hold it for her....Because I'm not married...

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October 28, 2015 Flag

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.

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March 30, 20160 found this helpful

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....

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March 6, 2015 Flag

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.

By FeelingHelpless

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March 6, 20150 found this helpful
Best Answer

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.

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December 19, 2015 Flag

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.

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Anonymous Flag
February 20, 20160 found this helpful

Dr can turn him into dmv or do it yourself he wil have to get dr to approve him and take driving test

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September 29, 2016 Flag

My fiancé is in prison for 8 more years; he wants to marry me and he has a trust fund from his deceased father. He has not signed any papers with the trust/probate attorney because of his incarceration. What rights would I have if I am his fiance or if I marry him? He wants to release the POA into my hands instead of leaving in his brother's hands. Do I have any rights?

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September 29, 20161 found this helpful

As a fiance, you have no legal standing in anything regarding your fiance; a marriage is another matter entirely. I strongly suggest that you consult with an attorney immediately, but not with an attorney connected with your fiance in any way. There are complicated legal issues in your situation so you need proper legal guidance in making a decision. Please protect yourself legally now, to avoid serious problems in your future!

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August 31, 2015 Flag

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.

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September 7, 20150 found this helpful

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.

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July 27, 2016 Flag

In regard to being a power of attorney (PoA), how far back do you have to keep documentation for accounting purposes?

I have been PoA for my mother since 2004 and had to place her in a nursing home due to her dementia 13 months ago. She is now 90 and has enough assets to pay for her care with her private funds for at least a few more years. Because of the the 5-year Medicaid look-back period, I have been discarding all records that go beyond 5 years, and have been doing so on a monthly basis. For example, this month (July 2016) I discarded all records dated June, 2011. Do I need to hold onto everything, no matter how old it is, just in case of an audit (for example, at the request of my siblings) or is 5 years of record keeping sufficient?

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July 27, 20160 found this helpful

Your financial responsibility may differ by state. However, I would keep absolutely everything-receipts, bank records, medical, legal and financial decisions etc. Yes, keeping all records is a pain, however, it is better to be able to prove all actions down the line than trying to reconstruct old papers, etc., for evidence!

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July 13, 2016 Flag

While my elder sister has never been a real sister to me since I was very young, she has not stopped short of being really mean spirited to me for years in any capacity that she could.

She holds POA for my mom; both live in Florida. My mom divorced my father and moved to Florida about 18 years ago when she retired at the age of 70. I live in Connecticut. Since my mom moved to an assisted living facility 4 years ago, my sister has done everything possible to interfere with my ability to communicate with my mom.

Examples: 1) when my mother changed rooms within the facility and was assigned a new phone number at the facility, my sister not only refused to share that information with me, but actually blocked me from getting it from the assisted living facility. I called the police and they said I have to hire an attorney. 2) When my mother fell and broke her hip bone and the artificial hip she had, the day after my mom's surgery, she went off on a cruise, leaving my mother alone. After 2 to 3 weeks of recovery Mom was transported to a therapy center to recover, my sister refused to tell me where she was sent after repeated requests and my mother telling her to communicate that to me. I had to call all the facilities in the area for 3 days to find my own mother. 3) I now have learned from my younger sister that my elder sister (POA) has not started taking my mail that I send to my mother and has not given it to her. I do not know if she will. The mail is letters to my mom from her mom over 60 years ago, which my mother has been waiting for now for 2 weeks. She has nothing like that from her mom.
While I understand she (POA) does not need to communicate things about my mother, she has successfully blocked my ability to get any information about my mom's health, send her mail, and get information if she moves to a hospital or even if her phone number changes. I can only imagine that she will now change my mom's telephone number so I cannot have access to speak with her anymore. When I visited my mom a few months ago, we tried to add my name to the assisted living facility roster so I can get even updated contact information about my mom, and even my mom has been blocked from changing this because a few years ago she was diagnosed with Alzheimer's Disease.

Please help if there are any other options without going through a very costly court battle which I cannot afford. My mom is 89 this year and is not well. She may not have another year left.
Thank you so much!

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July 15, 20160 found this helpful

You need to consult a lawyer in the state where your mother and sister live to resolve this matter. Laws concerning elder care and POA's vary from state to state. I may be wrong, but I don't think a POA can be used to prevent you from communicating with your mother.

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October 12, 2015 Flag

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?

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October 13, 20150 found this helpful

he is declared mentally incomp and mental wise lives like 20 years in the past. from what i understand is when his attorney died someone notified the court, however they havnt gotten back yet, so ive got no idea if his money is frozen now and dont know what will happen with his nursing home bills/ supplies if his money is frozen for a month or two.

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December 13, 2015 Flag

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?

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December 14, 20150 found this helpful

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.

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May 24, 2016 Flag

I have a medical and legal power of attorney for my brother. He has been in and out of the hospital. We learned yesterday that his roommate now owns his home. My brother thought he was making a change to his will a year ago. Now he found out he titled the deed to his roommate. The lawyer involved did not know my brother had a will. His roommate did. It only gave a percentage to the roommate upon his death. Is there anything I can do to help him get his house back in his name? I was not informed of all this when it happened.

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May 24, 20160 found this helpful

I strongly suggest that you immediately retain an attorney specializing in estate and wills to investigate and address this problem. Any delay may complicate the situation further or result in financial loss for your brother.

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October 7, 2015 Flag

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.

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October 9, 20150 found this helpful

Rose Anne-Excellent and exactly to the point answer! Some "tough love" here will either make or break the kid and only he can make that choice!!!

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February 18, 2016 Flag

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?

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February 18, 20160 found this helpful

Your brother must be able to support every penny that he has withdrawn from your father's account. I strongly suggest you immediately consult with an attorney in your area experienced in POAs and elder care/abuse. The attorney will be able to address your concerns about your brother and his handling of the estate.

You should expect an emotional response from your brother, however, it is important that your father and his estate are protected.

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September 14, 2015 Flag

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.

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September 14, 20150 found this helpful

I agree with Crystal! I fear you could be liable, but check with an attorney to protect yourself. Also, ask if you could be held accountable by the parole authority as well as law enforcement or any people who think he may have wronged them.

In the worst case, ignorance will be no excuse. Unscrupulous U.S. attorneys have been known to have innocent people convicted on conspiracy charges. The rules are, if you DID know, if you COULD HAVE known, or if you SHOULD HAVE known about a crime, you'll be found guilty. Also, a conspiracy doesn't have to be two or more; they can make it be one person.

I'm not trying to scare you, but my family has been caught in that situation.

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April 5, 2015 Flag

My husband's mother has dementia, but her doctor says it is not bad enough that she can't make her own decisions. We live in another state and my husband's aunt has been taking care of his mother. She disagrees with the doctor and thinks that mother needs to be in a nursing home. My husband agrees. Does the power of attorney give him the right to put her in the nursing home without her wanting that? They have tried to have Meals on Wheels come and also visiting nurses to help her out, but she is refusing all help. She is 84 and forgets everything. She will have a conversation with you and repeat the same thing 3 times within 5 minutes. She really can't take care of herself and the aunt is not able to continue helping her.

By Lisa M

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April 7, 20150 found this helpful

All of the things said here are true and a good idea. If I were you I'd take her to a neurologist because they are the ones who really diagnose Alzheimer's and dementia. They can also write you a note that says if she is capable of making her own decisions. Most family doctors are not equipped to do this and they really do not like admitting it as well. So make her an appointment with a neurologist and see if that helps you. Good luck (I deal with this all the time in my work life.)

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March 11, 2015 Flag

My husband's grandfather made a will and left us his house in his will. His daughter's husband is the POA and they want to sell the house to pay for assisted living even thought he has money without selling the house. What are my husband's rights as far as inheriting the house?

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