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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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September 29, 2016 Flag
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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, 20160 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 21, 2016 Flag
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My nephew has DPOA for my father. Can my nephew sell his own house and make my father's house his own permanent home? My nephew is closing bank accounts left and right. My nephew's wife is signing back of checks to be deposited and signing checks to pay bills. She is a teacher and says that they, the law won't question it at all because I am a teacher and teachers don't lie. (That is how my nephew got DPOA thru the courts, because his wife is a teacher.) They both have criminal records, one assaulted a police officer and one for obstructing a police officer and disorderly person (maybe drunk). Before my mother died my father/mother had a will/trust and I the daughter was in charge. I even paid their bills even after her death. My dad has dementia and did a new will/trust and made my nephew POA. Is this legal or not? Can my nephew have a DPOA with a record, or sell his own house?

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August 21, 20161 found this helpful

I strongly suggest that you retain an attorney immediately! Your attorney will advise you on your nephew's legal, financial and medical responsibilities as a POA and file legal actions to stop all illegal activity. Your nephew must be able to account, to the penny, all financial and actions he has made.

Please do not delay as your nephew may have already used his POA to hide financial accounts, etc.!

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September 19, 20160 found this helpful
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July 27, 2016 Flag
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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 29, 20160 found this helpful
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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.

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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April 12, 20160 found this helpful
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July 23, 2016 Flag
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Does a POA give me the right to go and remove money if my dad askes me so?

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July 23, 20160 found this helpful

A POA usually addresses medical and financial issues. You can remove money as your father requests. Note, however, that you, as POA, must eventually be able to support every penny transferred, spent, etc., of your father's money, stocks, etc. If possible, have your father complete a brief note regarding his request and have him sign and date the note.

Eventually, your father may not be able to document his requests or you need to make financial changes yourself. Be certain to document each financial action with receipts, copies of bills and payments, etc.

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July 26, 20160 found this helpful
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July 13, 2016 Flag
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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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July 15, 20160 found this helpful
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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.

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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March 6, 20160 found this helpful
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