Right of Person Holding Power of Attorney?

I have POA over my friend who is now in a nursing home. He has been receiving a Social Security check in his checking account for months now. I am also on his checking account. I have used some of the money for personal use. Is this misappropriation of funds?

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August 7, 20170 found this helpful

There are different types of POA and one gives you certain rights over that person's finances.
Who is paying for your friend's bills in the nursing home? does he have other insurance or other means to pay these bills? Usually if there is no other insurance to pay, the nursing home will require the SS check be sent to their institution as payment for care/housing and other expenses and will usually take any additional expenses (over and above the SS check or insurance check) from their personal finances (or require someone to pay the bills).
I believe having your name on the checking account may make a difference in whether this would be considered misappropriation of funds but I would highly recommend you see an attorney before spending any more of these funds as things like this can get way out of hand and cause many problems.

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I believe one of the things an attorney will ask is when and why did your friend put your name on his checking account.
Only an attorney can give you a legal and correct answer.

Here is a link that explains a little about a POA but you need more legal advise than this.

www.lawhelp.org/.../frequently-asked-questions-about...

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August 7, 20170 found this helpful

From my understanding, the money from Social Security is to be used for your friend. You cannot use it for your personal needs. You should save all receipts to prove that the money was spent on your friend. I would stop any inappropriate spending and put that money back in his account.

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August 7, 20170 found this helpful

In cases like this I would consult an attorney. I was given power of attorney for my grandmother who was in a nursing home. I never touched the money in her account. My name was on her checking and saving account. Medical paid for her stay in the nursing home. At times her account had too much money and some of the funds needed to be spent or moved. I would buy her clothes and the items she requested.

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Having power of attorney over a person doesn't make it right for you to take advantage and spend their money. I am not sure what your arrangements are with this person. I think it is best for now to stop touching the funds in his account. Only use his money for him and his needs. Afterwards, make an appointment with a lawyer or legal aid to find out your rights as power of attorney.

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August 7, 20170 found this helpful

This could cause some problems and also possible future issues when your combined income changes in a shared account. I would consult a professional for help in this case. Good luck.

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August 8, 20170 found this helpful

Most definitely consult with an attorney in your area!! Depending on the legal rights of the POA you hold for your friend, it could possibly be misappropriation of funds and you would then be held accountable. Some POA allow you to be "paid" for actions made in the benefit of the person you have POA for (like gas to take them to appts., time spent taking care of their business, etc.) though technicalities can get a little sticky.

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Also by all means keep record of all transactions made through this account and also anything that would pertain to anything regarding his care.

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August 11, 20170 found this helpful

yes it is. It is not your money it is your friends.

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