Here are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community.
Can a family member who has power of attorney have the right to alter my medications?
If the power of attorney covers medical decisions and you are not able to speak for yourself, the answer is yes. Choose wisely.
There are different kinds of power of attorney, durable power of attorney, medical power attorney which can include living wills and advance directives. Each has their own rules and what the person who holds them can and cannot do and when they can and cannot do it.
In my state, power of attorney has different levels that can be implemented only when a person is incapacitated (either temporarily or permanent).
In most sets ups, at it's most basic a regular POA can only be used to pay the person's bills and make basic decisions that you have said they can make.
You have to designate the stipulations for each type of POA.
Our lawyer was very clear that the way ours are set up, no one can make a decision for us....they can only implement the decisions we selected them to make.
The decisions are predicated by things like...I am not conscious but not near death all the way to death is imminent what do I want done. We spent hours going over all of these scenarios.
I don't know if your state is like that.
Please talk to the lawyer that drew them up and make sure you have paperwork that meets your needs in each category.
Be very careful who you select for these roles and let the person know in an honest and open conversation...preferably in front of your lawyer (since they do need to sign the paperwork anyhow, best to have the lawyer witness the signatures).
My parents live on my brother's property and I take care of them. I do live with them since they are at risk for falls, along with other medical issues. I currently have a POA for them.
My brother keeps threatening to have me removed from his property due to lies from his grandchildren. How do I protect my parents and myself?Having a POA will probably give you no legal rights concerning your brother's property.
There are different kinds of POA's but any POA will only give you certain right's and these will only deal with what belongs to your parents and their health issues (maybe money, bank accounts, property, automobiles, where they live, nursing home issues, health issues, doctors, etc).
Since they are living on your brother's property, it appears you would have to move them to another place if your brother requires you to move out. This would not change the POA powers but it could mean that you would have to make some other kind of arrangements to be able to fulfill taking care of them. Many people have a POA and do not live with the person(s).
I would assume then your brother plans to have someone else look after your/his parents but that would be up to him as long as he could show they are living in a safe environment.
As you can easily see, there are too many legal variables for someone on a site like this to offer any real advice.
You should check out everything possible before things go any further so check out family services or Legal Aid Society with your zip and make an appointment so everyone will know what can and cannot be done.
Please do not wait until there is a serious confrontation as I know this is terribly upsetting to everyone involved and especially for your parents.
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?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.!
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
Does a POA give me the right to go and remove money if my dad askes me so?
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.
@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?
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.
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!!!
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.
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?
You can look up - explain Power of Attorney - on Google and get lots of information.
Here is one site:
www.aarp.org/
I do not believe a POA gives this sort of "power" but you may have
to ask an attorney to investigate what is happening.
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.
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.
Your concerns are valid. I suggest you discuss your questions with an attorney who specializes in POAs and other senior care issues.
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.
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
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.
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.
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?
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.
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
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.
