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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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March 20, 20170 found this helpful

Older man signing a legal document.

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There are a variety of reasons that it makes sense to have an elderly parent assign power of attorney to an adult child. This is a guide about power of attorney for elderly parent.

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March 15, 20170 found this helpful

Power of Attorney documents on a desk.

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This is a guide about changing a power of attorney. Generally consulting an attorney is your best course of action when you need legal advice.

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February 13, 20170 found this helpful

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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, 20170 found this helpful

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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Questions

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1 found this helpful
January 11, 2017

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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March 27, 2017

I have looked after this 90 year old gentleman's cattle at my farm since 2004. He has paid board for these cattle. Our hand shake agreement was he doesn't go less than 12 head and when he passes away they are to be mine or if he shall not want them any more during his lifetime they are to be mine. He put them in half my name to make sure this happened as he did not put it in his will.

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Having said that, his POA wants him to get rid of the 12 cows he has. This gentleman has also rented another house on my farm for the last 4 years.
Can the POA force the sale of the cattle? He thinks they cost too much! But yet the 90 year old has had the hobby of showing purebred cattle for the last 25 years. This gentleman also has close to a million dollars.

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March 28, 20170 found this helpful

I do not believe this is something a lay person can answer. This is expensive property and it would be in your favor to seek legal advice but you will need to know what information to give to an attorney.

Is the gentleman's POA a family member? Why did he give the POA to anyone? Is he considered of sound mind or do you know about his true health? At age 90 it would seem that he may wish to have someone handle things for him. Have you discussed any of this with the gentleman? If so, is he discontent with what the POA is doing?

I believe it is possible the POA (with financial responsibilities) could force a sale or offer them to you at a market price (less your half). But I do not know this and although I have been involved with helping many people with POA responsibilities I have not heard of this type of situation. This kind of POA can do almost anything with property but they are accountable for their actions.

I do not believe you will be able to enforce a "hand-shake" agreement concerning these animals and the POA can say it would be better for the estate to sell the cattle.

Who has the most power would be determined by the reason he gave someone a POA and if his mind condition has deteriorated since the legal paper was signed.

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February 21, 2017

My mom is 70 and I have been caring for her since last year in March 2016. I need to have a power of attorney because she goes to the bank and removes money and loses it and gives it away. The bank is giving me a hassle because she put a password on her account and changed her pin. On top of me not being able to pay her bills my husband and I are on a limited income.

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February 26, 20170 found this helpful

I am sincerely glad to hear that she stays with you and that you take her to all of her appointments as so often this is not the case and it is so sad to see what happens in so many cases like this.

Please go to your county's probate court and get this started as soon as you can because from what you describe, this will only escalate.

I had to do this with my sister so I know what you are going through but please do not feel bad about having to do this as this is an act of love not greed or anything like that.

No matter what your mother says to you - please take it as a matter of course because no one likes to have their "independence" changed to "dependence" whether they realize their condition or not. If you are having problems with accepting this as something you must do, please talk to your minister or someone knowledgeable in matters like this.

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October 28, 2015

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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October 23, 2016

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 19, 20170 found this helpful

Amanda that you need to talk to ss about, but your mom will need to go with you , as they can not discuss her account with you unless she gives consent and is present or you have per poa. depending on his income, she may no longer even be eligible to get ssi. Normally to have the ssi, you live in the same household and are the responsible party. I double you would get it. If she can't handle it, it would normally be her husbands responsibility.

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March 6, 20150 found this helpful

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

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
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

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

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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October 12, 2015

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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July 27, 2016

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

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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December 13, 2015

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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October 7, 2015

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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May 24, 2016

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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