Share on ThriftyFunThis guide contains the following solutions. Have something to add? Please share your solution!
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.
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.
This is a guide about Power of Attorney and HIPPA rights. Navigating through legal and medical issues can be complicated.
Changing a Power of Attorney designation is sometimes necessary. Here is information to answer the question: "Can I get my friend's POA changed?"
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.
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?
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.
If I have POA for my mother, am I responsible for her bills while she is still alive? I realize the POA is null and void once a person passes.
A POA doesn't mean you're responsible for the debts of your mother. You are only there to pay her bills, see to her medical conditions and take care of her because she isn't able to do this on her own.
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.
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.
My husband has POA over his mother's affairs. His brother recently became medical POA when their mother was deemed incompetent due to Alzheimer's. So now his brother is responsible for all sitter care (hiring, scheduling, paying, etc.) This has caused a lot of conflict.
My husband has run the sitting staff for 3 years without problems. Now his brother wants to change things. So now my husband just wants to pay his brother $10,000/month and let him pay the sitters, buy the groceries, pay for medications, etc.
Your husband is in a difficult situation and it would be in your better interest to consult an attorney for this family matter.
I have had medical power of attorney and power of attorney for my 79 year old mother for 7 1/2 years, my sisters and brothers will not help with my Mom at all.
But, if she had made the MISTAKE that your husband's mom has now made, I would legally turn over whatever power of attorney she had given to me to the brother that is now (after 3 years) wanting to have a hand in taking care of her. Personally I couldn't handle the stress of "fighting" with one of my siblings because of it. In hind-sight your husband should have gotten the medical power of attorney three years ago too. Anyway, I would consult with a trusted attorney and make sure things were done legally. My Mom should have enough money to take care of her until she dies, but if you think your brother in law is going to spend through his mom's money and she will eventually have to live with one of her sons, then yes, I would take action immediately to see that it's the brother that is spending all of her money that gets the priviledge of caring for her 24/7.
You can bet that I don't ask my siblings their opinion on any matters pertaining to my mother's care; they aren't here, and they aren't breaking their backs taking care of her. Mom has lived with my husband and I for 6 1/2 years.
I hope she is/was a loving and kind mother to your husband.
I agree with MCW. An attorney is needed to clear this up and inform each what his responsibility is. It would be a shame to have this split a family.
Yes, an attorney is needed here. Also remember you live in Louisiana where the laws can be very different from other states. Louisiana has Napoleonic Law not Common Law, so many, many things seem 'backwards'. I too live in Lousiiana, Bossier City. Good luck.
I am sorry to hear that your husband and his brother are having such difficulties. I'm sure the last thing their Mom would want was for her "boys" to be arguing over her. I assume that both have their Mom's best interest at heart. This is a time of great stress. I hope things calm down and that they can work together.
That said, I believe that it is unrealistic to think that the money will just run out and Mom will move in with her son. With Alzheimer's Mom may live a long time in a severely impaired state. Does the brother have the money and patients to provide care to a person who is totally incapacitated.
Has anyone thought about eventual nursing home care? As POA, has your husband looked into your state's medical assistance program to pay for Mom's care after her money runs out.
The attorney working with my mother-in-law's estate advised my husband to resign and just give it to my brother-in-law because he felt that it's going to get too nasty. I told my husband that he knows that his brother will not handle the money appropriately and eventually not do the right thing for their mother and then my husband will feel bad in the end because he promised his mother he would take care of her. My husband wants to put her in an Alzheimer's facility, but my brother-in-law is refusing because he said that he promised his parents he would never put them in a nursing home. My husband is trying to convince my brother-in-law that the promise was made before all these circumstances came about and now things are different.
My husband is trying to get her in a nice facility now while they have the money because if they wait until they run out of money and try to put her somewhere she will end up in a state run facility and those aren't usually the nicest places. But does anyone have the answer to my original question: If my husband gives my brother-in-law $10,000/month to run the household, does he have to be responsible for giving my husband receipts for what he spends. Does my husband have to mandate that he be given receipts every month before he gives him more money for the next month? My husband wants to just give him the money and not worry about the receipts and let him spend all the money and the quicker the money is spent, the quicker the brother-in-law has to move their mother out of the house so they can sell the house because the money is gone and the mother is forced to move in with the brother-in-law.
I know that if that happens, by then, the brother-in-law will end up sticking their mother in any nursing home that will take her, she won't qualify for Medicaid and I don't know how they will pay for it. So I just want to make sure that my husband won't get into trouble if he doesn't require his brother to give him receipts every month. Any answers will surely help with this horrible situation. Thanks, Susan
I really sympathize with both brothers. My brother and I shared power of attorney for my mother. We never fought over anything. We sat down together and worked out her needs and what we could afford to pay to meet those needs for as long as possible. It helped that our decisions and an accounting of how her money was spent was reviewed by her attorney's office. My brother ran her general finances and I ran her personal and medical accounts since she lived in my home. Both sets of accounts were submitted in writing to her attorney who in turn submitted periodic reports to our state court system. All any of us wanted was what was best for Mother.
That made it easy to problem solve together. We all discussed how best to utilize her available money in order to ensure the best care for the longest period of time. Fortunately, despite a year in a nursing home and then back to me for the final few months (with the help of hospice) her funds saw her through. It wasn't easy and at times required a real balancing act--and less sleep and more labor than I had ever anticipated. Together we were able to give her the best possible care for the available funds. It has been a great comfort to us now. I would suggest that both sides explore all available legal and counseling help available within your local court and social services systems. Everyone needs to work together for your mother-in-laws best good.
I do not know about Louisiana law, but in NY you would need to document how Mom's money was spent to qualify for Medical Assistance.
With the level of money involved, I think you need to consult an attorney. The added benefit would be that there would be yet another cold, nasty person involved.
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.
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.
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.
Does the person who has POA for a parent, have a responsibility to provide financial reports to the other siblings?
By loretta pearson from IL
I beleive the answer would be no. But others might have more info or you may find more info on the internet somewhere. Like Ask.com
I honestly don't know about legally but morally I think they should! This is a question best asked from the heart or from an attorney.
The answer is yes. Other siblings have a right to know and if you don't provide them with the information, they can take you to court to get any answers they need to know.
I cant answer legally as I am not a lawyer, but I think if you respect family unity, I would do so. Ask yourself how you would feel if the situation were reversed.
No they don't, unfortunately!
I don't know what the legal responsibility would be, but unless there is a greedy sibling trying to get something that does not belong to them, I would share as much info as possible to keep peace.
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.
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.
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.
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?
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 C.
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.
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.
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?
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.
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