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Rights of a Person Holding a Power of Attorney?

I have a durable POA or my mother. My brother has been holding her jewelry for her because she's in a nursing home. She has asked him to bring her jewelry to her and he won't. I have asked him several times myself. As POA what can I do?

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August 17, 20180 found this helpful

This all depends on what was written in this document and what you can do legally. You should seek the advice of a lawyer or the person who drafted this document for you. If your brother won't comply then you might need to take him to court or get a court order to have him bring it back. Basically, only a lawyer can actually advise you on this matter.

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August 17, 20180 found this helpful

Legally... like for an official answer, the lawyer who drafted the POA needs to tell you what is what. How to enforce it and the like.

That will cost money. Before going down that road...

Have you tried to understand your brother's point of view on this? If it is to protect the items from being stolen? Then you may need to talk to your mom about why having jewelry at her facility is not a good idea.

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If he is just being unreasonable with no clear reason, that is different. Hear him out.

Having gone through this recently with a family member and close friend, keeping a minimum of things at a nursing home is best as things tend to disappear...from other residents who think the items are theirs, or staff or guests with sticky fingers. Or even the owner throwing things out by mistake, which happens all the time. I can't tell you how many times my friend's aunt threw out her hearing aides or lost them in her bed sheets. Too many times to count.

Best to have a reasonable conversation first before calling in the lawyers. Just my opinion. Good luck!!

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August 17, 20180 found this helpful

I think he has sold her her jewerly. He doesn't call her or visit her.

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She wants me to keep it for her because she knows I won't sell it or pawn.

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August 17, 20180 found this helpful

This sounds like you do need a lawyer to resolve, although if the items are already sold, it would just be about the money, as getting the items back may be impossible. I am sorry you are dealing with this situation. Will send up prayers that you can get it resolved.

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August 17, 20180 found this helpful

Is your brother willing to return the jewelry when she is released? I dont think it is a good idea for her to have it there. There are a lot of thefts and it can be misplaced or lost.

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August 19, 20181 found this helpful

I could be reading this incorrectly but it appears your mother may not be leaving the nursing home and would like to see her jewelry and then have you keep it for her..

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  • You know your brother better than anyone here and since you think that he has sold the jewelry you are probably correct in your assumption. That was my thoughts as soon as I read your question.
  • What can you do? Even with a durable POA it will be difficult for even an attorney to make him give back the jewelry unless you have a detailed itemized list (or pictures). You may be able to describe some of it, with your mother's help, but probably not all of it.
  • Since there was no list made (witnesses?) when he was "given" the jewelry to hold, he can claim almost anything and you will have a very difficult time disproving it.
  • I do not know what health problems has caused your mother to be in a nursing home (as opposed to an assisted living facility) but all of that will be taken into account if she has to make a statement about the jewelry to an attorney.
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  • I think you will have to confront your brother (maybe with your suspicions?) and let him state what his are reasons for not taking the jewelry his mother.
  • If you make up a form with a list of the jewelry and have your mother sign it (motorized would be better), with your brother's name and address on the form, stating that she wants the jewelry given to you and then returned to her, you may be able to take that list to the local police station and ask for help.
  • Very often, they will send an officer with you to try and collect what is on the list. If you try this route, try to make sure you know your brother is home before asking for help so a second trip will not be necessary. This is definitely worth a try as your brother will have to make some sort of statement to the officer if the jewelry is not there.
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  • I feel sure you already know that it will be very difficult to do anything about recovering any jewelry or money that he may have gotten.
  • To recover anything (even from a pawn shop) you would have to prove that your mother did not give it to him instead of asking him to "hold" it for her. Can and will your mother make your brother a thief? Possibly have jail time? What affect is all of this having on your mother's health? Does she really want to pursue this to the end?
  • You may have just bought a paper POA for your mother to sign giving you this authority (officially notarized?) and there were only witnesses present (no attorney?) and no true explanation of your rights/responsibilities was given. If this was the case then you need to research your rights/responsibilities for the type of POA you have before going any further. If you used an attorney then you need to contact their office for information about how to handle this problem.
  • I think you will need to discuss this type of dealing with your mother before you start paying attorney fees.
  • Try to get help from your local police and then go from there. At least you may be able to confront your brother so he has to give an answer to someone other than you or your mother.
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August 23, 20180 found this helpful

Thank you

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