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How good is a Power of Attorney

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cchuck38

Junior Member
What is the name of your state? KY
My aunt had a power of attorney drawn up in 01 (appointee is niece). It reads as follows..
"my niece, ___ my true and lawful attorney in fact wtih full power for me and in my name and stead, to make contracts, lease, sell, or convey any real or personal property that I may now or hereafter own, to receive and receipt any money which may now or hereafter own, to receive and receipt for any money which may now or hereafter be due to me, to retain and release all liens on real or personal property, to draw, make and sign any and all checks, contracts or agreements, to invest or reinvest my money for me, to institute or defend suits concerning my property or rights, and generally to do and perform for me and my name all that I might do if present, and I hereby adopt and ratify all for the acts of my said attorneys done in pursuant to the power hereby granted, as fully as I was present acting in my own proper person, provided, however, that my said attorney is not to bind me as surety, guarantor or endorser for accordation, nor to give away any of my estate whatsoever.
Since the power of attorney was drawn up my aunt has continued to write her own checks, etc. However, she is on alot of "pain meds" given to her by pain management doctor. In the last 8 months, she was going to let a neighbor move in "a man who has a drinking problem". That fell thru. However, now she has taken in her neighbor across the street because she cannot pay her utility bills. This neighbor is going to loose her house and now want to store her stuff in the garage. I am afraid that this person is taking advantage of my aunt and I have told my aunt so. However, she is so druged up and feels like I am trying to tell her what to do, which she will not stand for. My question(s) is(are), what can I do if anything about this situation. Her checks and CD's are in both are names. Can I take her name off to ensure she does not turn over money to this friend in need. Accounts say "__ or __". Is the power of attorney only good is a dr. states she is "crazy"?What is the name of your state?
 


BelizeBreeze

Senior Member
cchuck38 said:
What is the name of your state? KY
My aunt had a power of attorney drawn up in 01 (appointee is niece). It reads as follows..
"my niece, ___ my true and lawful attorney in fact wtih full power for me and in my name and stead, to make contracts, lease, sell, or convey any real or personal property that I may now or hereafter own, to receive and receipt any money which may now or hereafter own, to receive and receipt for any money which may now or hereafter be due to me, to retain and release all liens on real or personal property, to draw, make and sign any and all checks, contracts or agreements, to invest or reinvest my money for me, to institute or defend suits concerning my property or rights, and generally to do and perform for me and my name all that I might do if present, and I hereby adopt and ratify all for the acts of my said attorneys done in pursuant to the power hereby granted, as fully as I was present acting in my own proper person, provided, however, that my said attorney is not to bind me as surety, guarantor or endorser for accordation, nor to give away any of my estate whatsoever.
Since the power of attorney was drawn up my aunt has continued to write her own checks, etc. However, she is on alot of "pain meds" given to her by pain management doctor. In the last 8 months, she was going to let a neighbor move in "a man who has a drinking problem". That fell thru. However, now she has taken in her neighbor across the street because she cannot pay her utility bills. This neighbor is going to loose her house and now want to store her stuff in the garage. I am afraid that this person is taking advantage of my aunt and I have told my aunt so. However, she is so druged up and feels like I am trying to tell her what to do, which she will not stand for. My question(s) is(are), what can I do if anything about this situation. Her checks and CD's are in both are names. Can I take her name off to ensure she does not turn over money to this friend in need. Accounts say "__ or __". Is the power of attorney only good is a dr. states she is "crazy"?What is the name of your state?
Despite the fact that you need to learn how to use a paragraph and spacing so as to make your post more readable, there are two issues here.

One: Unless you can prove your aunt unfit, she can revoke the power of attorney at any time.

two: You cannot take her name off of anything. You can, based on the "OR" withdraw all funds into another account in your own name, however, she could also prosecute you for theft (although she may not win unless she revokes the POA).

The fact is, you need to speak with auntie about the situation.
 

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