Here are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community.
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Once there has been a declaration of dementia by a team of doctors, her signing anything is no longer valid.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.
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.
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.
