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Powers of Attorney

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canuhelp2

Junior Member
What is the name of your state (only U.S. law)?
NY State

Question:

What can a Power of Attorney NOT do? (General, sole, full power) (Estate owner of sound mind.)
Can he/she redirect income?
 


canuhelp2

Junior Member
Poa

By redirecting funds, I mean can she open a new bank account and have Mom's SS ck and pension direct deposited in it, without my Mom being aware of it?
 

anteater

Senior Member
Most likely, yes. Unless there is some restriction in the document prohibiting it.

The point of granting power of attorney to an agent is to allow the agent to act on behalf of the principal.

Now, the question is: Do you think that the agent is engaging in self-dealing through these actions?
 

canuhelp2

Junior Member
Poa

Yes.... I think she is planning on leaving town, and she isn't going empty-handed. Can she do this and sell the house without any consent of the estate holder?

What protection is in place to protect Mom? She trusts this person and will continue to until she has proof she is scamming her, and by then it will be too late.

There is no large $$ amounts here.... but her house, (paid off), her small savings, and her SS and pension cks are all she has.
 

anteater

Senior Member
Unfortunately, recourse against a misbehaving agent is after the fact. Suspicion that the agent is gointg to engage in fraudulent activity won't get you very far. Mother could revoke the POA, but that does not sound like an option since you say that Mother is competent and she trusts the agent.

I suggest that you consult with an elder law attorney regarding the matter. And the possibility of applying to become guardian of your mother's estate. Although, again, if your Mother is competent, that may not be an option.

I really did not notice the mention of SS before. I am not familiar with SSA procedures. Seems that I recall that the SSA may not recognize POA's. Maybe someone else can chip in on that.

(What or who do you mean by "estate holder?" Simply, your Mother as the owner of the property?)
 

canuhelp2

Junior Member
Poa

Yes, I mean my Mom.

She invited this homeless relative into her home and 10 mos. later changed her POA to her "caretaker, the one who lives with you knows you best." If only she knew how well, and what it would cost her!

A year ago, Mom kept her own house and yard, made her meals, was in charge of her own financial matters, drove herself to appts., errands, and social engagements. Today, she does NONE of these things.... claims she is unable, and believes EVERYTHING her caretaker tells her.

She sees the rest of us, but turns us out the minute we attempt to "interfere". We assist with appts. (those that aren't cancelled), and whatever we can do for her that is not sabotaged.

It is unbelievable... that she does not trust daughters that have always been there for her, but DOES trust someone her husband disinherited (he is now deceased), and who has a history of scam and questionable "caretaking".

This is now a DSS case, but we are trying to predict and prevent the worst from happening.

We know this caretaker is preparing to leave the state, and will not leave emptyhanded because there is no way she will return to homelessness after living comfortably for a year at no expense to her. Will she have to whisk Mom away with her to benefit... or is there a way she can leave alone, and leave Mom without a house and income?

Thanks
 

Dandy Don

Senior Member
Does she have any friends who could influence her to cancel the POA? Maybe she is afraid that family won't be there if she should die or become more severely ill.

She can arrange on her own to contact Social Security and the pension company to ask for direct deposit of her checks.
 

canuhelp2

Junior Member
Poa

Thank you .

You are right regarding the care concern, in that we all have families and could not move into her home, which she says she is not leaving, but she would be cared for, and she has always known she is welcome to move to any of OUR homes.

She has direct deposit, and thank you mentioning the fact that SSA may not honor a POA.

A friend has attempted to help by suggesting a shared POA, but Mom does not believe there is a problem, so we trust that those looking into our concerns for her safety can determine that they are warranted, or assure us they are not.

In the meantime we will put aside thoughts of the worst scenario, and be of as much assistance as we are "allowed", and hope for the best.

Sometimes you don't want to be right, you know?

Thanks for your thoughts.
 

anteater

Senior Member
She has direct deposit, and thank you mentioning the fact that SSA may not honor a POA.
Here's what I had in the dark recesses of memory about social security:
Family members often use a “power of attorney” as another way to handle a family member’s finances. For Social Security purposes, a “power of attorney” is not an acceptable way to manage a person’s monthly benefits. Social Security recognizes only a representative payee for handling the beneficiary’s funds.
A Guide For Representative Payees
 
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