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Rights of Person Holding Power of Attorney

A power of attorney is a legal document that gives someone the right to act for another in specific situations. This is a guide about rights of person holding Power of Attorney.
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Ask a QuestionHere are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community or ask a new question.

By 0 found this helpful
January 27, 2017

I have a friend whose daughter is in jail. Her daughter owns a home and her girlfriend is staying there off and on. My friend is her daughter's power of attorney and wants to get her daughter's stuff out of the house. Her daughter's friend won't give them the keys or let them in. How do they go about this?

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January 27, 20170 found this helpful
Best Answer

I strongly suggest that your friend hire an attorney experienced in her daughter's legal problems and POAs. A POA addresses only medical and legal issues regarding the daughter, not access to the home, etc. A letter from your friend's attorney will have much more meaning than a demand from your friend. The attorney can have the friend removed from the house, and any other legal and criminal actions needed.

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January 29, 20170 found this helpful
Best Answer

First, have your friend call law enforcement and have her explain (succinctly and not emotionally!) that the house is her daughter's, the things are her daughter's, but there is a tenant that won't let her in. She'd like the police to go with her and help her gain access to the house.

If for some reason this doesn't work, she should hire a locksmith, explaining the house is hers (close enough) but a tenant has locked her out. If she and the locksmith encounter any trouble at that point they can call the police then and it's unlikely that they'll be ignored. It would be best, though, if they could go in when the roommate is at work or otherwise occupied.

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January 29, 20170 found this helpful

Sounds like it is time for law enforcement. If they can't help then hire an attorney

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By 0 found this helpful
January 2, 2016

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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January 2, 20161 found this helpful
Best Answer

A POA is limited to the specific stipulations in the document; these stipulations usually address financial and medical matters, not legal matters. Your sister is limited by the stipulations in the POA and cannot legally take your house or change your mother's will. Also, she cannot enter your house at will and do whatever she wants, even though your mother lives with you.

I strongly suggest that you immediately consult with an attorney who specializes in elder care, POAs, wills, etc., to clarify the provisions of the POA. Your attorney can then contact your sister and educate her as to the POA and what her specific responsibilities are. Your sister will most assuredly become angry, however, you must protect yourself and your mother from her threats to you, her abuses of the POA and her responsibilities.

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January 14, 20160 found this helpful

Your story is interesting :) as my Uncle who is a Dentist care's for my Grandmother ( age 97 ) and HE thinks because he pays someone to care for her him and his wife are entitled to her 20 acres' and old vintage house ! there is also another sibling involved here and a deceased sibling w/ 3 children ( that are all on the will ) He had my Grandmother sign it over 3 years ago............She did not even know what she was signing .....

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March 30, 20160 found this helpful

NO ! POA's cannot benefit financially !!!

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By 0 found this helpful
August 21, 2016

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

to late he stoled over $700,000 plus of my dads money $100,000 plus of my grandma money (dad had poa of his mom). selling things left and right of my mother (she died 2-2015) and selling grandmas (was 94 years old) and her boyfriend (was 87 years old) and selling grandma house in florida which was her other sons house (was 73 years old) KILLED ALL 4 PEOPLE OFF AND NOW ON WITH MY DAD. When they moved grandma and her boyfriend from florida to michigan they took all the silverware/plates/pans/stove and so on and left my uncle with nothing and he is in a wheelchair. couldn't eat and he died. now my dads house is my nephews house because my nephew sold his house. EXTREMELY greedy nephew and his wife

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By 0 found this helpful
July 23, 2016

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

@DCA: 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 my mother in a nursing home 13 months ago; she is 90 and has fairly substantial assets. Since then, due to the 5-year Medicaid lookback period, I have discarded all records that go beyond 5 years, and have been doing so on a monthly basis (for example, this month (July 2016) I discarded records from June, 2011). Do I need to hold onto everything, no matter how old it is?

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March 22, 20150 found this helpful

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

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March 22, 20150 found this helpful

You have a difficult situation and clearly need an attorney to answer your questions and start legal action to remove your brother from the home. It is clear that he is prepared to fight to continue to live in the home.

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March 23, 20150 found this helpful

Off hand, I think he has zero rights to the house, or anything else. But, you need an attorney, and you need to be prepared to have a very nasty fight with your brother. I'm sure if he tells this story, he will be the aggrieved party, but the first priority here is your mom, and you are the one who must now decide how to look after her and her best interests. Get legal help at once.

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March 23, 20150 found this helpful

You definitely need an attorney. Because your mothers money is in her home any nursing home will want you to sign the house over to them. Once that money is used up she will need to be put on Public Aid. So whatever home you place her in you will be better off by asking if they will keep her when she needs to be placed on public aid. Not all homes will do that so line up one that will continue to care for her under Public Aid. A lot of nursing homes won't keep her and then you will have to transfer her to another home that accepts Public Aid when that time comes.

Don't even think about trying to hide the house or the money from them because before she's approved for government assistance they will want to see her income tax returns for the past 5 yrs. Any money (house) she has given to her family will have to be returned to her for her care. That's another reason why you need a good lawyer.

Call your local Bar Assn. for a referral or ask your friends if they know of a good attorney the first consultation is usually free. I suggest that you talk to three lawyers before picking one.

Sorry to hear about your mother - good luck with this situation.

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By 0 found this helpful
May 28, 2015

My daughter has power of attorney for my husband. He has dementia and she has signed papers for him to go in to VA home. I, his wife, do not want him to go. Can I stop this?

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May 28, 20150 found this helpful

I suggest that you consult an attorney specializing in POAs and family law for your rights in your situation.

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May 30, 20150 found this helpful

Unfortunately - in some cases - a power of attorney can create a lot of problems in homes/relationships.

But - a properly executed POA is a powerful instrument so only an attorney specializing in POA's can help you (as the first responder suggested).

That being said - since we do not know your age - from your question it would appear that you are at retirement age and free legal services may be available to you. You could check out any senior services organizations in your city or even ask your question at the VA center. If you cannot locate someone to help you then you could try the Salvation Army offices as they will be able to give you names of local organizations for you to try.

You did not mention what type of POA your daughter has but she may also have some or total control of his finances and any property/vehicle/bank account that has his name on it. Any property with yours and his name will be another question but she may be able to withdraw all money from a joint bank account.

I would recommend that you try to get help ASAP as it will be very, very difficult to get this "undone" if your husband has already been admitted to the VA center.

Also, I do not know your financial situation but usually when someone is admitted to the VA center/nursing home all (or most) of their benefit/pension checks will go directly to that institution.

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May 31, 20150 found this helpful

We had an issue when my husband was dying of a brain tumor and my daughter threatened to get POA over both of us. I had the social worker at the hospital draw up a POA while he was there for my sake. But when I told them why I was doing it they told me as his wife, I had the final say on things. Check it out, not sure if you gave her permission to do this or not but I would seek advice from an attorney. I know how it is when others want to force you into doing something you don't feel ready for or is right.

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By 0 found this helpful
September 21, 2015

I need legal advice. My mother is on her death bed and my sisters have power of attorney and have refused me seeing my mom. She lives with one of my sisters. Some one please help me find out how to see my mom before she dies.

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September 21, 20150 found this helpful

The POA does not prevent you from seeing your mother. It is only used for financial and medical issues. Unfortunately, it appears that you will need an attorney experienced in Elder Care and POA issues to send a formal letter to your sister explaining this and demanding she allow you to visit your mother.

Again unfortunately, your sister will probably try to limit your visits and add whatever "requirements" she can dream up to make your situation even more difficult. Your attorney can demand your sister's cooperation, however, I think you are in for a bumpy ride as long as your mother lives with your sister.

Good Luck!!!

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September 26, 20150 found this helpful

This is really a sad situation.

Undoubtedly you and your sister have had problems of some sort before this happened. Is there anyway to make amends to rectify this situation?

A POA does not give your sister the right to keep you from seeing your mother - but - she does have the right to keep you from her home.

I recently helped someone in a similar situation and it worked out okay.

We visited the local police station and explained the situation. All they wanted was to be able to see their loved one who was very sick. A police officer met us at the address and politely asked if we could visit this person if the officer was present. It was arranged and everything went smooth for a 15-20 minute visit.

If time is of the essence, then you may wish to try something like this.

I hope you will be able to see your mother and also - maybe make amends with your sister.

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By 0 found this helpful
September 13, 2015

Is it legal for the person holding a power of attorney to keep a family member, who has been living with the parent all her life, from seeing the parent after he moved the parent out without notice?

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September 15, 20150 found this helpful

You can look up - explain Power of Attorney - on Google and get lots of information.

Here is one site:

http://www.aarp  rofAttorney.html

I do not believe a POA gives this sort of "power" but you may have

to ask an attorney to investigate what is happening.

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September 17, 20150 found this helpful

From a long talk with my lawyer about POA, this is going beyond the POAs authority. Unless the parent has been declared mentally incompetent to handle their affairs by professional medical people, the POA has no authority.

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By 0 found this helpful
September 10, 2015

My two brothers have POA over my mother. She has been diagnosed with dementia and one of them took my mother to the DMV and filed for a lost title to her car. My other brother had the original title to the car. Then he had her sign over the car to him so he can tag it himself and put insurance on it and have anyone drive it that wants to. Is this legal, can he do this with her having dementia? In the POA it does not state he can transfer any personal property to himself.

Thank you.

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September 10, 20150 found this helpful

Your concerns are valid. I suggest you discuss your questions with an attorney who specializes in POAs and other senior care issues.

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September 17, 20150 found this helpful

Once there has been a declaration of dementia by a team of doctors, her signing anything is no longer valid. Someone close to me went thro this. He is POA and upon consulting his lawyer the first thing he had to do was inform the banks and provide medical documentation. No credit cards. If the step mother were to sign a check the bank won't honor it. If you were to take documentation of the parent's status, the vehicle transfer would become null and void.

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By 0 found this helpful
January 18, 2016

My wife has been diagnosed with dementia. Without my knowledge, her nephew got her to add him to her bank accounts. If I can get a durable POA, can I have him removed from her bank accounts?

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January 19, 20160 found this helpful

You must consult with an attorney specialized in elder care/abuse issues immediately to remove your nephew from access to your wife's accounts and protect you both. A POA is usually needed for medical and financial decisions, not legal issues.

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April 14, 20150 found this helpful

I am not officially married to my boyfriend, but we have 1 year old daughter. I have given him POA over our daughter. In some days I'm flying with my daughter, without my boyfriend. Do I need POA permission from him? I'm not sure, if they will ask me this on airplane, because our daughter took her father's surname not mine. Please help!

By Nastarin from Germany

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April 14, 20150 found this helpful

You are smart to address this issue now, before any need. I suggest you and your boyfriend discuss the entire situation with an attorney who is experienced with parental legal responbilities. You can then make a decision based upon current law.

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April 15, 20150 found this helpful

Here in Canada if one parent is flying out of the country with minor children, they need a notarized letter from the other parent to show that they are aware of the trip and that the traveling parent is not abducting the children. It is the same if traveling by car.

I do not know how it would be in the EU since travel is so open between countries. However, I don't think you need to contact a lawyer about this. Phone your passport office, or the airline and see what the procedure is for your country. If you are traveling within Germany, I suspect no one would ask for anything, but that's just a guess a my part.

When my 15 year old traveled from Canada to the US by himself both parents had to sign the letter (we were separated at the time), and we had to list the places he would be staying, who he was staying with, and when he would be flying home, along with his flight numbers. I doubt that PoA has anything to do with it.

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March 14, 20150 found this helpful

I have power of attorney for my dad who is the executor of my mother's will. She has now passed; can I deal with mum's will for him?

By Donna

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March 15, 20150 found this helpful

What you can do depends upon the specific wording of the POA. You should consult with an attorney to be certain of your POA rights.

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