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Responsibilities of a Power of Attorney

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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.

Solutions: Responsibilities of a Power of Attorney

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Tip: Power Of Attorney For Elderly Parent

I strongly suggest if you have a parent still living that they make you power of attorney over them, in case something happens to them where they might have to wind up in the nursing home. The state will otherwise take their home and property.

By Wendy from Enid, OK

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Questions

Here are questions related to Responsibilities of a Power of Attorney.

Question: Scope of Powers of Attorney

My friend got arrested and they won't give his monthly trust to him. He gave me his POA. What can I do? She won't acknowledge me.

By Cindy


Most Recent Answer

By Luann DeLuca01/21/2014

If I get this right: friend arrested, who gets monthly money from trust fund; your friend has made you his/her Power of Attorney; "she" won't acknowledge you. First, who is "she"? Second, the procedure for giving someone Power of Attorney to take care of another's affairs, including trust fund money, will never be recognized just because Person A says that I want Person B (you) to be my POA. Sorry, but you won't be getting your friend's trust fund money.

Question: Questionable Power of Attorney

When my father passed, a will had already been drawn up by our mother and father. There are three sisters and I am the eldest. I was named executor of the estate by both parents because I was the oldest.

Unfortunately my youngest sister and her boyfriend were living with my mom at the time. Let it be stated that our father had asked Judy (middle child) to help Mom by paying bills and as he stated "keep her happy". In our grief Judy (middle and myself (Joscelyn, eldest) were helping Mom get through her grief although going to mom's house was becoming increasingly uncomfortable as Janet and boyfriend always made us feel as though we were intruding.

It wasn't long before we noticed Mother's mental health deteriorating. Shortly thereafter the will was changed without any notification to Judy and I. The will gave all power to Bret and Janet and literally put Judy and myself out of the picture. Judy objected at a meeting with Mom's attorney, a friend of Janet's (who we also never got a say about) that.

Daddy and Mom had in good faith written the original will making all three sisters equal heirs after the passing of our mother. Suddenly Mom's house which was a part of the estate landed in Janet's and Brets lap. The house was part of the estate.

Now every day Janet and Bret are with Mom, neither of them work. So they'd go to lunch or take Mom anywhere her little heart desired. And while they had her they worked her. They have all the power and he dictates what is in this family. They kept claiming that Mom was competent to decide upon the house, but as soon as they had her in their palms and someone objected they now claim Mom is incompetent. She in fact is, but has been for quite a while. The doctor who decided this was again a person Judy and I ever even met. Judy and I question the sincerity of the couple for many reasons. One of which is I am not permitted on the property with the threat of police and trespassing. Judy and I don't have any right to enter the house to collect any belongings and they feel if the house is theirs so are the belongings. The furniture was divided among the sisters. Three items of furniture mutually agreed upon between sisters were mine. About to remove them, they asked if I would leave them there for a short while until they replaced them. Of course I said yes. The items were, a big screen TV which sits on 1 of a very few pieces that my daddy built. She has all the others and a formal sofa which was the last remaining item from the formal living room I was awarded. Janet begged me because she said that Bret would not buy her another one and they didn't have a sofa.

Meanwhile Bret owns his mother's home in Virginia and his RecDads home in Tennessee and inherited as sole heir what he brags about being about 2 billion dollars. Neither Judy nor I own a home and both work very difficult jobs and take no sick days, while they don't work at all.

Recently I asked my mom for some money to save my car. She called Bret to bring her a check three times and three times he denied her. The last time Janet and Bret came to Mom's assisted living for a showdown. Bret stated he would not give me money until I told him what it was for. My mom meekly said I didn't have to and he said if I want money, I do. She was definitely under his control and began crying. After my sister yelled at me to get a second job and told me I had no right to grieve the loss of my boyfriend 2 mos earlier to a bad heart She said all I did was complain about him and waved me off. I had to leave and left crying and so was my mother.

She has been manipulated. She no longer cares about the family and every holiday and fun time we shared as a family. They take Mom back to her house and keep her overnight so we can't even see her on holidays. Please help.

Our feeling is that when it comes time for an inheritance there will be none for Judy and I and they have forever defiled my father's memory by separating the family and not acknowledging his wishes. Pleas advise me.

By Joscelyn R from Snellville, GA

Question: Power of Attorney for an Elderly Parent

If my sister has POA over my mom, does my mom have to stay with her, or how does that work?

By TG from TX


Most Recent Answer

By Cynthia11/06/2013

I have POA for my Mom, and she doesn't stay with me. She lives in a memory care home.

Question: Ensuring Care for Elderly Parent Without Power of Attorney

I have POA and am the executor for my father. My mother is in her last stage of Alzheimer's and my father and I are her care givers. He does not have POA over her for she was not able to sign documents at the time he was aware of POA.

My father is worried that my evil sibling would take over if he had passed on. What can he and I do to make sure my mother keeps getting the great care she is currently getting from me and the rest of my family? Would it solve the problem by going to an attorney and drafting a health surrogate document that states my father's wishes?

By GD


Most Recent Answer

By Teresa T.10/30/2013

Go see an attorney soon! Laws are different in each state so to be on the safe side I would go and see an attorney and get everything in writing!

Question: POA Rights and Responsibilities Regarding Sale of a Home

Can a person with power of attorney sell the home of the person he s representing?

By Rae

Question: HIPPA Rights/POA

My sister and brother have POA over my mother. Neither one is helping her with her medical issues (doctor appt, diabetes, hospital, medication, etc). I feel as if they are not good POAs for her health. What rights do I have. I'm being told because of the HIPPA law, I have no rights and hospitals can't do anything since she does not understand the seriousness of her illness. I also live in a different state than they do.

By Billie Jo


Most Recent Answer

By Dyend R.12/16/2013

RE: HIIPA Rights POA
Hello Billie Jo-
I don't know how old your post is (today is 12/16/13) but I have exactly the same problem.
My mother is becoming very incapacitated, and my sister lives next door. They live several days away from me. I am a nurse.
I have just found out that mom's health care providers were "instructed" not to talk to me because my sister said she has POA (I did not know that mother had a HIIPA POA).
The solution would be to talk to mother - but she lives in under my sister's control and would not want to jeopardize or provoke her (As you can see, the family is dysfunctional). Do you have any advice?
I thank you for your attention. ~ Rouge

Question: Getting a POA for a Deceased Parent

My dad passed away in 2010. My mother just passed away in July of this year. We had her propane company come and get her tank. They owed her 178.00 dollars and sent a check in my dad's name. I called them and asked them to put it in my name since I am the executor of her estate and sole heir. They said they couldn't do that, and that if I had power of attorney I should be able to cash the check. Well they are both deceased. Can I make myself POA? Or does that make me POA?

By Shannon


Most Recent Answer

By Rhoda Lange09/01/2013

As stated by a previous response, a Power of Attorney is good only while a person is alive. Because you're the trustee of the estate, you should be able to sign and cash the check. Sign your dad's name, your name followed by the word, trustee.

Question: Reassigning a Power of Attorney For Elderly Parent

Due to my own personal health problems getting worse, I feel I am no longer able to act as power of attorney for my mother who has dementia. How do I go about removing myself from that position? Also, do I need to notify my siblings and whom do I give my mother's banking and legal documents to?

By SAM

Question: Information on Power of Attorney

My dad has power of attorney of his father. He has had it for four years. When it was given he was it in sound mind. Now my dad's father has Alzheimer's. A family friend is trying to revoke my dads POA. My dad has done nothing wrong. How hard is it to revoke a POA and how do you contest it.

By Lou


Most Recent Answer

By Anonymous05/05/2012

Yes, definitely seek advice of a lawyer asap, actually two or three, and make sure they give a free consultation when booking the appointments. You should also have a written list of questions ready to ask.

Question: POA Rights and Responsibilities When Selling Property

If my brother has a power of attorney and in the will it said our parents house has to be sold, do all siblings need to agree on selling price or can the person with the POA sell it for whatever price he wants?

By Jennie from Victoria, BC


Most Recent Answer

By Louise B.07/27/2011

Did you mean POA or did you mean your brother is executor of the will? It makes a difference to your question.

I think you should also heed Jilson's points. This is the sort of situation that could possibly create hard feelings for years. My ex's family has drifted apart over the years since his mom passed away and small resentments simmer under the surface that prevent them from being as close as they should be.

Question: POA Rights and Responsibilities

If I have POA on my mom's banking account, do I have the right to transfer her money into my account if I feel she in not being competent with her money? Or is that illegal?

By Jessica E.


Most Recent Answer

By annie06/05/2011

As her POA you have that right; however, you also need to be able at any moment to provide a paper trail of ANY activity with her money. As POA you have a responsibility to use her funds ONLY for her. You cannot pay your bills, mortgage, utilities, vacations, clothing or other expenses that do not pertain to your mother with her monies. Remember also, your mother can revoke her POA at anytime, unless she has been found incompetent by the Courts, (which to do this you would need to hire an attorney and go through the legal process).

Question: Legal and Financial Responsibilities of a POA Holder

Is the person that is appointed to have power of attorney responsible for the person's debt?

By Mary Jane


Most Recent Answer

By audi02/23/2011

I agree you need to talk to a lawyer about this. not do laws vary state by state the types of poa do to from general to medical only.

Question: Power of Attorney Responsibilities

Does the person who has POA for a parent, have a responsibility to provide financial reports to the other siblings?

By Loretta from IL


Most Recent Answer

By Fionar Booker09/04/2010

No, the person designated with power of attorney doesn't have to provide financial reports.

Archives

Thrifty Fun has been around so long that many of our pages have been reset several times. Archives are older versions of the page and the feedback that was provided then.

Archive: Power of Attorney Responsibilities

Who is responsible if you have a power of attorney on your checking and savings account? Just in case you can not pay your bills and then you die. Is she responsible for the bills.

Joyce from Wisconsin


RE: Power of Attorney Responsibilities

I may be wrong, but I believe that the power of attorney ends when the person dies. Then the responsibility goes to the executor (or whatever it is called in your locale) who then deals with settling the debts of the estate. They should not be able to hold the person with power of attorney responsible for anything other than things to do with the person's affairs and only while they are alive. Like I say, I may be wrong, but that is the understanding I have of the law of my state.

I found a link that will help explain it: lawdepot.com

Susan from ThriftyFun (10/25/2007)

By ThriftyFun

RE: Power of Attorney Responsibilities

I agree with what Susan posted. The power of attorney ends when someone passes away. The administrator or exceutor of the estate makes payments for the bills and the money comes out of the estate. I listen to an attorney radio program on WJR and they say the same. (10/25/2007)

By LITTLE SUZY

RE: Power of Attorney Responsibilities

The power of attorney is for the person named as power of attorney to handle financial matters for someone who is disabled. I have 13 clauses in my power of attorney and a clause for penalties to the person who is to execute the acts and deeds should they abuse the terms of the power of attorney.

This is not to be confused with a power of attorney for health care also known as a living will. These instruments can get very complicated and one should see an attorney to have one drawn up.

The person was has been named to execute a power of attorney has no further responsibilities once the person dies and is not responsible for the deceased debts while they are living or when they die. The executor of a will pays any debts from the deceased assets. If the deceased has no will then the state will decide how the deceased property is to be probated. (10/26/2007)

By Dean

RE: Power of Attorney Responsibilities

Carole (the guest posting) may have something other than a POA for her brother, such as joint ownership or as co-signor for the specific debt/mtg. As Susan stated, POA gives the person the ability to manage the account should something happens to you. If you die, the money in the accounts may be use to pay off your debts, but if there isn't enough he/she will not be responsible for the deficit

Anna, NYC (10/26/2007)

By aw_$mgr96

RE: Power of Attorney Responsibilities

We recently discussed this in one of my law classes. The executor, administrator, or the heirs are not responsible for debt that cannot be paid off by the estate. Many times, people are either not aware of this and make arrangements with creditors; or think "Mom wouldn't want this to be unpaid. I'd better pay it." I don't think that there is a creditor alive who would refuse payment, even if it wasn't obligatory. (10/29/2007)

By Erin

Archive: Legal and Financial Responsibilities of a POA Holder

If a person has a POA over a parent and gives the parent permission to drive a vehicle and that parent has an accident is the person in charge of the POA responsible financially in any way?

By Ruby from Farmington, NM


RE: Legal and Financial Responsibilities of a POA Holder

The best answer would be from an attorney who is familar with that type of law. (11/09/2010)

By foxrun41

RE: Legal and Financial Responsibilities of a POA Holder

You would have had to have seen a lawyer to get the POA so call that person and ask. (11/10/2010)

By Lilac