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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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Power of Attorney
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June 18, 2016 Flag
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My brother is power of attorney for my mother. They reside in Georgia and I live in Maryland. My mother is living in an assisted living facility for Alzheimer's patients. When my mother has been admitted to the hospital or taken to the emergency room, my brother no longer informs me. He contacts my sister, aunt (mother's sister), and uncle (mom's brother). As power of attorney, is he obligated to inform me of her illness. I feel as though I have been alienated. Please assist.

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    June 19, 20160 found this helpful

    Your brother, with a power of attorney (POA), has no legal responsibility to inform you of your mother's medical condition. POAs usually only address medical and financial issues, not sibling problems. However, this may vary depending upon specifically how the POA was written.

    It appears there are sibling issues that should be addressed now, instead of letting the situation continue at a low boil until a medical crisis simply worsens an already difficult status. You have two options-consider a meeting of all the sibs to address all problems that may exist. Of course, this may be difficult and you may need a relative, friend or attorney to act as monitor.

    You may also consider retaining an attorney in Georgia who specializes in elder issues and POAs to assist in clarifying and addressing all issues. You can search for an attorney who handles these issues in the Georgia Bar Association:

    https://gabar.org/

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    June 9, 2016 Flag
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    My aunt has POA over my grandmother. After a recent yearly visit (I live in the UK and Grandmother lives in Hawaii), I noticed bruising on both my grandmother's arms. The home carer also documented the bruising. When questioned my grandmother said to the carer, to ask her daughter about it. When I asked my grandmother, she said her daughter sometimes grabs and shakes her.

    I confronted my aunt and she denied causing the bruises without giving any explanation of how those bruises appeared. She has now banned me from visiting my grandmother at the house where they live, and even at her day care lodge.

    My grandmother has also had very bad diarrhea and lost much weight. On inspection of the fridge that most of the food was moldy and tins of food over 2 years old. This was being fed by my aunt to my grandmother.

    I have contacted the local authorities who are now investigating my complaints, but they will not give me any information with regards to progress due to not having any legal right to it.

    If the local authorities do not remove POA can I apply to the courts to have the POA removed from my aunt to have it controlled by the State? What are my chances?

      Answer This QuestionWas this helpful?Helpful? Yes
      June 9, 20160 found this helpful

      I strongly suggest that you immediately retain an attorney in Hawaii who is experienced in elder care and POA issues to represent you and your grandmother in this situation. You can search for appropriate attorneys via the Hawaii Bar Association:

      http://hsba.org/

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      May 24, 2016 Flag
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      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.

        Answer This QuestionWas this helpful?Helpful? Yes
        May 24, 20160 found this helpful

        Also-check with your brother's bank and all other financial institutions to see if your brother has made any changes to his existing accounts that may have been changed with prompting by the roommate.

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        May 31, 2016 Flag
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        I need direction. My aunt (mom's sister) passed away. My aunt has no parents or children so Florida law says my aunt's siblings are to inherit her estate (aka: my mom). If my mom wants me to handle the attorney and estate issues (the story is much too long), do I need to get a power of attorney from her to act on her behalf? Thank you for any and all insight. I don't even know where to begin.

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          May 31, 20160 found this helpful

          I strongly suggest that you discuss your concerns with an attorney experienced in wills, estates and elder issues. Once you understand the laws, etc., you can then decide the best way to handle your mother's estate issues. The best way may indeed be to retain an attorney to manage your mother's concerns. You can then be assured that all issues and questions are correctly and legally handled.

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          October 28, 2015 Flag
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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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            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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            December 19, 2015 Flag
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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.

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              March 6, 20160 found this helpful

              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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              January 2, 2016 Flag
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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?

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                March 30, 20160 found this helpful

                NO ! POA's cannot benefit financially !!!

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                March 6, 2015 Flag
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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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                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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                October 12, 2015 Flag
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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?

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                  October 13, 20150 found this helpful

                  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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                  February 18, 2016 Flag
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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?

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                    February 20, 20160 found this helpful

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

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                    August 31, 2015 Flag
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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.

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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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                      December 13, 2015 Flag
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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?

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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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                        February 7, 2016 Flag
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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.

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                          February 9, 20160 found this helpful

                          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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                          October 7, 2015 Flag
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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.

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                            October 12, 20150 found this helpful

                            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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