Power of Attorney / Joint account holder

[Fruitpunch]

What is the name of your state? Connecticut.

My father and I share a joint bank account. He has recently appointed a power of attorney (my cousin), due to being diagnosed with terminal cancer. He is in a nursing home for a short term rehabilatation if that makes any difference. The poa has taken control of my fathers finances, she has sold his car, and is threatening me with legal action if I touch any of the money in the joint bank account. Half of the money in the account is mine (and I can prove it if need be.) She has also stated that she is "in the process" of having me removed from the account. My father is by no means incompetent, and is very much "with it". He has stated that he has not, and will not authorize removal of me from this account. Can the poa remove me from this account, or even forbid me from accessing it? Also - my father would like to name me as his power of attorney. Is it really as easy as just filling out a revoke of power of attorney form, then filling out a new poa document? It can't be right? Please help. Thanks in advance!

 

[Dandy Don]

You conveniently left out the reason that father gave POA to the cousin.

You need to be consulting with a lawyer to find out the laws in your state about revocation of POA--yes, it may be as simple as getting it revoked.

You need to be proactive in talking with the bank right now about how to close out the account and at least getting your half of the money out (before the POA does it, but if the bank is smart they won't give the POA more than half) and don't be worried about the threats of the POA.

Is your father in adequate mental capacity to be making decisions about his money and his health care?

DANDY DON IN OKLAHOMA ([email protected])

 

[Fruitpunch]

Thanks for your response -

"You conveniently left out the reason that father gave POA to the cousin."

My dad gave POA to my cousin because he didnt want to "burden" me with it. However, after learning of the sale of his car, the fact that I'm being told I'm not allowed to touch the account, and various other things (POA has disconnected his utilities, and refuses to pay his rent stating "he's not there and the landlord has a security deposit" which is true, but the rent still needs to be paid of my dad won't have anywhere to go once he gets out of the nursing home - that will be in about a month.) My father has decided it's in his best interest to revoke the POA from my cousin and give it to me.

"Is your father in adequate mental capacity to be making decisions about his money and his health care?"

Yes.

I've been in contact with the bank today and they weren't much help. I'm waiting for a higher up to call me back tomorrow.

 

[BlondiePB]

I have another question. What happened with the proceeds from the sale of the car?

 

[BlondiePB]

Fruitpunch,
We were posting at the same time. Why would you be burdened?

Just where does the POA expect your father to live when he, your dad, leaves the nursing home?

 

[Fruitpunch]

Fruitpunch,
We were posting at the same time. Why would you be burdened?

Just where does the POA expect your father to live when he, your dad, leaves the nursing home?

I'm not sure why he felt it would be a burden for me, I assured him that it was absolutley no problem and he is ok with it now. I'm also not sure what is going through the POA's mind when she makes these decisions (like - the rent, and car) I decided to pay the rent myself, I'm not going to let my father lose his apartment that has been his home for the last 10 years because the POA doesn't think the rent needs to be paid since he's not there (I'm not even sure how someone comes up with that kind of reasoning?) As far as the money from the sale of the car, no clue as to where that is either, and POA is evasive when asked about it stating that she "doesn't need to tell me anything".

I guess the sooner this gets taken care of the better.

 

[BlondiePB]

I'm not sure why he felt it would be a burden for me, I assured him that it was absolutley no problem and he is ok with it now. I'm also not sure what is going through the POA's mind when she makes these decisions (like - the rent, and car) I decided to pay the rent myself, I'm not going to let my father lose his apartment that has been his home for the last 10 years because the POA doesn't think the rent needs to be paid since he's not there (I'm not even sure how someone comes up with that kind of reasoning?) As far as the money from the sale of the car, no clue as to where that is either, and POA is evasive when asked about it stating that she "doesn't need to tell me anything".

I guess the sooner this gets taken care of the better.

I'm going to give you some directives for you to convey to your father. If your father does not understand these directives, you need to question his mental capacity of him handling his own affairs.

1. Tell your father to call the POA and ask the POA what happened to the money from the sale of the car.

2. Tell your father to call Adult Protective Services (APS) regarding what the POA has done and is doing. Find the number for Adult Protective Services and provide your father with the number.

3. Tell your father to give APS your name and phone number.

4. Tell your father to call an Elder Law attorney. Your father needs new papers for a POA, Advanced Directives for Health Care that include a provision for a conservator to be nominated in case he becomes incapacitated. It's time for your father to have his Estate in proper order.

Remember, if your father has trouble understanding these directives, you need to question his mental competency. Also, if your father is physically capable and it's medically safe, there's no reason why he cannot be taken to an appointment with an attorney. The person to ask this is your father's Primary Care Physician. You may want to do some preliminary shopping for an attorney for him that will go to the nursing home for an appointment with your father and provide your father with that attorney's name and phone number. Since your father is terminally ill, make some inquires with Hospice Organizations. He's going to need Hospice.