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 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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Here are questions related to Responsibilities of a Power of Attorney.
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 Maggie R.03/06/2015
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.
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 Luann DeLuca 01/21/2014
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.
Does the person who has POA for a parent, have a responsibility to provide financial reports to the other siblings?
By Loretta from IL
By Fionar Booker09/04/2010
No, the person designated with power of attorney doesn't have to provide financial reports.
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.
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).
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.
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.
My husband's mother has dementia, but her doctor says it is not bad enough that she can't make her own decisions. We live in another state and my husband's aunt has been taking care of his mother. She disagrees with the doctor and thinks that mother needs to be in a nursing home. My husband agrees. Does the power of attorney give him the right to put her in the nursing home without her wanting that? They have tried to have Meals on Wheels come and also visiting nurses to help her out, but she is refusing all help. She is 84 and forgets everything. She will have a conversation with you and repeat the same thing 3 times within 5 minutes. She really can't take care of herself and the aunt is not able to continue helping her.
By Lisa M
By cybergrannie 04/09/2015
Are you saying your husband already has a POA?
There are several types of POA's so if he has one - then you would have to read it to determine what he can legally do.
A neurologist can make a better determination about the mental issue as well as discuss the present home situation. You generally need a referral from a doctor to be able to place someone in a home as the "home" usually has to know the condition of the patient before they will accept them.
There is a lot of financial information the home will need and if the person has any assets it may be advisable for you to discuss this with an attorney before the actual "move" is decided/completed.
How fast this decision is made should depend on the welfare of the person involved. It sounds like it will be a traumatic move for everyone involved.
My mother made me her durable power of attorney about six months ago. I am also executor of the will and her advance medical directive. My mother has dementia and needs constant care. She has enough money to pay someone to come stay with her for a few months, but then her savings will be gone. My younger brother has been living with her for 14 years and has never paid for anything. He has paid no rent, nothing on utilities. All he has ever done was to cut the grass. He says he can no longer help take care of her. He is gone constantly. As my mother's POA can I have my brother be made to pay rent and help with the bills? He says he has lived there so long that no one can make him leave or pay for anything. My mother is living off of Social Security and a small savings. She really needs the extra money to help pay for her care. Is there anything I can do to get him to help? Or have him evicted so we can rent out his downstairs apartment and help with my mom's care? It won't be long before she will have to be put in a nursing home. The only option will be to sell her home to pay for this. Does my brother have any legal right to stay there living for free?
By Donald H
By cybergrannie 03/24/2015
You certainly need legal advice as there are too many variables to be addressed.
You do not mention who the house goes to (will) but a nursing home will take the house no matter who is the "owner".
Your mother appears to need extra care right now and a live-in person may work but may be difficult to find - and keep - if you expect them to take care of the house (and the brother?).
As pointed out by another responder - be sure to check out several nursing homes before making any final decisions as many homes do not accept public (Medicaid) funds and a VERY large number do not accept patients with dementia/Alzheimers. This is usually a special type of facility so just ask what happens to my mother if she needs this type of specialized care.
The nursing home may place a "lien" on the home but may allow your brother to continue living in the home until it is sold to take care of the expenses incurred in your mother's care. However, they will probably not put out any money for maintenance/utilities etc.
All homes of this type are very expensive - usually running (in my area) 100 - 300 (and up) dollars a day plus any special items/medications/doctor visits etc.
At home care is also expensive but your decision should be based on what type of care your mother needs now and in the future.
I have had to make this type of decision and it is very difficult so maybe it would be good if you have someone to discuss this with that can assist you in finding the right solution.
My husband's grandfather made a will and left us his house in his will. His daughter's husband is the POA and they want to sell the house to pay for assisted living even thought he has money without selling the house. What are my husband's rights as far as inheriting the house?
Can we contest them selling the house out from under us?
By Louise B. 03/14/2015
I agree that you should consult a lawyer, but I expect that there is nothing you can do. I take it you are already living in the house. However, obviously your husband's grandfather isn't dead, and so his will has not taken affect. Is your husband's grandfather still able to make some decisions on his own, or is he totally incapacitated by dementia or ill health? Perhaps it is time to sit down with all parties concerned - grandfather, step-father or step-uncle who has the POA, grandson, mom, you, etc. - and see what can be accomplished by discussion.
I just recently received POA for my grandmother who has Alzheimer's. Can I still go on vacation? I've been planning this trip for awhile. I would be gone for a week.
By cybergrannie 03/10/2015
I would just like to add this comment:
Why do you feel you were given the POA?
What type of POA do you have?
Does this POA give you full responsibility over your grandmothers health decisions and financial decisions?
What do you feel your responsibilities are?
True - A POA can be just for financial things but most POA's are for health care decisions. POA's are only legal until that person dies so think about all of this and then make your decision.about taking a vacation.
I hope you are able to a take vacation knowing that your grandmother is well cared for in your absence.
My mom is 89 and has dementia. Let me say there is a substantial amount of money and posessions at stake. She and my now deceased dad made a living will and trust in 2000. My dad passed away 7 years ago. I have 1 brother and he is a prescription drug addict and an alcoholic. He is addicted to oxycodone and he also gives it to my mom which at her age could kill her and is taking advantage of my mom's mental state. In the living will I am to have Power of Attorney and if something happens to me then he will. A month and a half ago he took my mom to her attorney and had her change the Power of Attorney to him. He then changed all the locks on her house so I can not get in. I have had a key to her house for 30 years. What can I do to get the Power of Attorney changed back to me or to a neutral person. I live 5 mins from my mom. I go see her every day. I check on her. I go to the store for her. I cook for her, take her to her doctor appointments and dentist appointments. He does not even go see her, now that he had the Power of Attorney changed to him, unless she calls him and asks him to come fix something in her house. I have 1 daughter and 2 grandchildren and he will take everything she has unless this i