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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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.

    AnswerWas this helpful?Helpful? Yes

    My dad was the same way wanting to drive when he shouldn't so we took him to the DMV and he had to take the test and a vision test that he didn't pass. So he was upset and i asked the woman helping us what can i do she seen how my dad was a talked to him explaining to him why he couldnt't drive, sometimes being as they are our parents don't want to listen to there children so because it was someone else talking to him an athourity figure he listen was still upset but knew he could no longer drive. She then suggested we just get him an ID for identification so we ended up doing so. My dad was very stubborn and set in his ways maybe have an employee talk to him and explain why hes is not able to drive anymore.

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    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?

      AnswerWas this helpful?Helpful? Yes

      NO ! POA's cannot benefit financially !!!

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      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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      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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      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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        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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        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?

          AnswerWas this helpful?Helpful? Yes

          Might be a good idea to pop down for a visit, as well.

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          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?

            AnswerWas this helpful?Helpful? Yes

            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.

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            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.

              AnswerWas this helpful?Helpful? Yes

              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

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              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?

                AnswerWas this helpful?Helpful? Yes

                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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                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.

                  AnswerWas this helpful?Helpful? Yes

                  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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                  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.

                    AnswerWas this helpful?Helpful? Yes

                    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.

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                    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.

                      AnswerWas this helpful?Helpful? Yes

                      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.

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                      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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                        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?

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                        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.

                          AnswerWas this helpful?Helpful? Yes

                          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.

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                          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.

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                            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.

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                            My mother died 9 months ago, she was in a car accident had a few strokes, had diabetes and was bed ridden for 4 years. In the mean time, my sister obtained power of attorney and moved money around and even destroyed a will that was in a drop box at a local bank. My sister took $67,000.00 and bought a forclosure home right out in Arizona, she put the house in her daughter's name and grandkids names. She also moved money from one bank to another and out to a bank to Arizona which has my sister's daughter's name on it, the amount we are talking about is 1 million dollars. My sister made a will but my mom refused to sign it and my sister's lawyer refuses to send copy. Is their any thing I can do about any of this since she did buy a house with our moms money while my mom was still alive and then took both properties and all the money that my mom had already had divided out?

                              AnswerWas this helpful?Helpful? Yes

                              You really need legal representation. Your Mother's wishes were to have divided. Clearly your sister cares only about herself and your Mother didn't sign her the will your sister had drawn up. Find an attorney to help you sorry for this but your sister sounds like a piece of work.

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