POA questions

[Patriot222]

Thank you for reading and responding in advance...

My mother recently approached me and my brother and sister and discussed who to make the POA and health care proxy. She suggested that I become the HCP because I am in the med field and have the personality to pull the plug if needed. She also suggested my brother and sister share POA in the thought that that would be fair. My concern is that I do not get along with my sister at all and my brother is so so. My mother and father are going through a divorce right now and my mother has already said all three of us would get the home that I grew up in. My concern is that when she does pass my sister and brother will screw me out of my share of the inheritance. Is this possible with them as the POA even if I'm written into the will? The paperwork is not signed yet so there is time to change it if I feel that's appropriate. Thank you for any input.

 

[OHRoadwarrior]

The POAs' expire upon her death at which time, her will or intestacy laws apply.

 

[latigo]

Thank you for reading and responding in advance...

My mother recently approached me and my brother and sister and discussed who to make the POA and health care proxy. She suggested that I become the HCP because I am in the med field and have the personality to pull the plug if needed. She also suggested my brother and sister share POA in the thought that that would be fair. My concern is that I do not get along with my sister at all and my brother is so so. My mother and father are going through a divorce right now and my mother has already said all three of us would get the home that I grew up in. My concern is that when she does pass my sister and brother will screw me out of my share of the inheritance. Is this possible with them as the POA even if I'm written into the will? The paperwork is not signed yet so there is time to change it if I feel that's appropriate. Thank you for any input.

Your heartfelt concerns for your mother are touching.

 

[FlyingRon]

I would suggest having your mother talk to an elder law attorney. First off, as pointed out POA expires with hers as you have already been told. While you can indeed have joint power of attorneys, it's often ill-advised.
What she SAYS she wants the house to happen after her death is largely immaterial unless the proper instrument (will, trust) is in place to handle it and the property isn't encumbered otherwise.

 

[CJMZ]

DPOA Court Dispute

Currently there is a DPOA in dispute. I had a DPOA for years to handle my fathers financial and business affairs. At that time, I allowed my siblings full view of all bank accounts, statements etc. At the time, they didn't care and accessed as necessary or not at all.

Fast forward, my sister went to my mother and said she needed her to sign a piece of paper to help handle the business to help me. They went to a bank during normal errands and had a bank teller witness the signing. My mother, who has limited English comprehension and reading skills did so, never thinking anything of it. Turns out it was a DPOA, which my sister used to revoke my DPOA, remove my mother as trustee of her estate and remove me as co-trustee upon her death. Using the same DPOA, closed out all existing bank accounts, accessed her SS checks and refused to give anyone access electronically to view what is being done. During the last few months, my sister produced a document from her doctor saying that our mother is incapable of handling her own affairs.

I have filed against her in court to revoke it, because if she is not capable, then she wasn't capable of signing that paper. My question is what occurs now during the time it is in court? She continues to use the DPOA to withdraw funds and make other changes. The attorney I have says nothing can be done, but I am amazed that there is no cease and desist options? or what is the best recourse to have her stop while a court reviews all documents and make a decision.

 

[FlyingRon]

CJMZ: You should start your own thread. A power of attorney can't revoke a power of attorney.

The only person who can make someone "cease and desist" is your mother or the court. Your best bet is to convince your mom she's being taken advantage and to revoke the sister's POA and make sure that the bank and anybody else appropriate is notified that the revocation has happen.

 

[Dandy Don]

CJMZ: It appears that the attorney you have is not qualified to handle the complexity of your lawsuit because you have been ill-advised. You need to have a consultation with a trust attorney (to straighten out the situation with the DPOA's and the trusteeship) and/or a family law attorney (to consider whether you would want to get a conservatorship to give you financial authority to manage mother's finances).