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Rights of a Power of Attorney?

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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Bronze Answer Medal for All Time! 220 Answers
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.

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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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Bronze Post Medal for All Time! 163 Posts
January 3, 20160 found this helpful

If your Mom is declared mentally incompetent by a Dr her will can never be changed. Take that into consideration.

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January 14, 20160 found this helpful

Hello, you mean "once" there is a "WILL" in place it cannot be changed ? or over-road ? the reason I ask is my Uncle is a Dentist and care's for my Grandmother ( age 97 ) and she lives in his BIG house !! long story short 4 years ago HE had her sign over her 20 acrea's and her old vintage house !

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he says since him and his wife have paid a care-giver to care for her he is entitled to her house/land ? there is another sibling, and deceased sibling w/ 3 children / that this was to be divided up between.....thank your for any help or assistance you can give :)

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March 30, 20160 found this helpful

NO ! POA's cannot benefit financially !!!

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October 26, 20160 found this helpful

Wrong! In Missouri at least one who has DPOA can be paid for their services.
There is even a place on the dpoa paperwork to write in the amount you are to be paid.

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I just went through this myself with my mother. She also gave me her home and property. I am going to take care of some of her final expenses even though she says that I owe her nothing.
My brother already 'stole' the tractor and the car has a TOD to my sister. So even though the house and property were in the will to be sold and devided 3 ways. Mom decided that this was the fairest way to devide everything!

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