DPOA Questions / TRUST question

[MikeL007]

What is the name of your state? CALIFORNIA

My mom is in a Nursing Home, she is completely incapable of Leaving her Bed or performing ANY tasks for herself. She mentally incapable of making any of her own decisions at this point in time.
I am my moms son i have a DPOA and POA for health care matters.

Questions:>

1. If I feel I am incapable of doing a good job as DPOA or because of lack of skill in financial matters that i might put my self at risk. Can I transfer or change DPOA to a Neutral Party (lawyer,..etc..)?

2.If its determined that my mom will have to stay at the facility for the rest of her life, CAN I as DPOA pay all her bills (Car,Rent, Utilities,etc..) with Her money or do I have to pay out of my own pockets? I am living at my moms house and have been living there for the past 20+ years.

3 1/2 of my moms funda are in regular bank accounts that i have limited accessto as DPOA, the other 1/2 are in a trust wich is currently managed by my moms trustee. we are in dissagreement over my moms healthcare and what are my options? ((Trustee say if i decide something for my mom he doesnt like he will not use the funds to pay those bills. And/or Decline the position of trustee altogether leaving me to find someone TRUST-worthy to take care of things?

any suggestions, options, or easy to understand guides for the overburdened and clueless.

any help is appreciated.

Comment:
honestly i did not know ALL that was involved in being DPOA and i am trying to do the "right" things, but putting my self at risk legally, even tho i am making the best decisions possable in reguards to my moms wishes, has me heavily concerned.

 

[tecate]

Have you used the DPOA yet?

Is there a successor agent to you?

If you start acting, you become a "fiduciary" to your mother. You can check your local bookstore or Amazon for any California specific material. If you strike out, find a local law library and look for the CEB book on Durable Powers of Attorney. It is written for attorneys, but my guess is you can get a good idea of the powers you will have and the obligations you face by consenting to act, including the power to use your mother's assets for her benefit. While there is a statutory power of attorney, there are also countless custom versons too, so one of your tasks will be to learn what powers you have, and do not have. Focus closely on additional powers, if any, that the document may have regarding dealings with the trustee.

If you want, you can hire someone to advise you, including advice about charging the tab to your mother's assets.

The trustee is also a fiduciary for your mother, and has similar obligations to her. He\she is entirely reasonable by warning you that he\she may not agree with some of your actions, just like you may not agree with some of his\hers. He\she is similarly cautious about dealing with you, just like you are being cautious in dealing with him\her. If you act, try to work together.

Above all, don't sell yourself short. If you consent to act, you have important decisions to make for your mother's well being. Your mother thought you could by naming you as her agent.

Good luck.

 

[BlondiePB]

1. If I feel I am incapable of doing a good job as DPOA or because of lack of skill in financial matters that i might put my self at risk. Can I transfer or change DPOA to a Neutral Party (lawyer,..etc..)?

No. As asked, is there a successor POA named on the document(s)?

2.If its determined that my mom will have to stay at the facility for the rest of her life, CAN I as DPOA pay all her bills (Car,Rent, Utilities,etc..) with Her money or do I have to pay out of my own pockets? I am living at my moms house and have been living there for the past 20+ years.

Why does your incompetent mother need a car? You're the one that needs to pay the rent & utilites. Paying them with your mother's money is financial abuse.

3 1/2 of my moms funda are in regular bank accounts that i have limited accessto as DPOA, the other 1/2 are in a trust wich is currently managed by my moms trustee. we are in dissagreement over my moms healthcare and what are my options? ((Trustee say if i decide something for my mom he doesnt like he will not use the funds to pay those bills.

Who is the trustee? What does the trust say about paying your mother's healthcare needs?

And/or Decline the position of trustee altogether leaving me to find someone TRUST-worthy to take care of things?

This makes no sense.