Responsibilities with being POA

[TerriDC]

My location Michigan.

I had POA for Health & Finances for my father, who had Dementia. These papers were drawn up over 6 years ago. My mother is deceased, and there is myself and a half sister who has not been in the picture the past 15 years, until the moment my dad was placed in the hospital for evaluation. My dad was placed in a assisted living facility....until I could figure out what would be best for his 24 hour care.

I consulted my attorney following his advice to protect my dad's assets. My attorney had me close my fathers accts I then deposited the money into Credit Union where I bank in his name alone with beneficiary: His Estate I opened up a Money Market acct, savings and a checking all of which I could access.

Changed his mailing address to mine.
Notified SS for direct deposit and also his retirement benefits..
With my attorney's advice he had a Quick Claim Deed drawn up and placed my name on my father's house as he said to protect his assets... in case he passed it would automatically be in my name....I did have papers as to his request that the house and everything in the home would be mine also....I have to admit that felt weird but yet it was what my attorney at instructed we do...plus if we ever had to sell the property in case we needed money for his health care......My father eventually passed away...after 7 months of torture of being in the hospital to many times to even keep track of....

In that time period I had to deal with my half sister coming back and verbally abusing my father as to receiving a phone call from the director...of the assisted living facility....I;m getting off track here....but I was alone with this situation....solely on my hands..but het making sure my father had the utmost care. However, dealing with a person who only showed up after years of distance now wanting money.....everything.....

My question is this....the rules of a POA and why are they not listed somewhere???? I still feel funny about the Quick Claim Deed.....but followed my attorneys advice??? But now I'm reviewing my actions....because at the time your going thru everything....its actually the last thing you think of....what you can and can't do??? So now I'm going to end up in court with my half sister....reviewing everything I did...Plus trying to come up with all the receipts of items spent on my dad.....I had to supply personal hygine items and clothing after he broke his hip.....and I just don't have every single receipt.....My attorney has said since I wasn't appointed by the court that I don't have to supply receipts....yet he says I should find as many as possible**************sigh**************...sorry going around in circles I know....I'm just wondering if everything I did was correct......but also when you have that little piece of paper that says you have POWER OF ATTORNEY why isn't there a paper of can do's and cannot's ????? When your emotionally had your end of the rope so to speak the least thing on your mind....is the rules...??????

 

[pojo2]

......but also when you have that little piece of paper that says you have POWER OF ATTORNEY why isn't there a paper of can do's and cannot's ????? When your emotionally had your end of the rope so to speak the least thing on your mind....is the rules...??????

This leads me to ask a myriad of additional questions the first being are you sure you know what a POA even is? Any POA I have ever seen is many pages longs and does indeed list "the rules" of what you can and can not do!

So do you have POA or not? If I were on the outside looking in I would very well think you did everything possible to make sure EVERYTHING was in your name before the death of your father.

as he said to protect his assets...

From what? Doing the Quit claim when you did would not have protected the asset from Medicaid involvement should that have been necessary.

 

[TerriDC]

Poa

POJO you sound kind of hostile???

1. Yes I was POA for my father. And the papers I had were 3 pages. I was POA for health & finanaces which he had drawn up about 6 years ago.

2. Medicaid was never an issue because I found a wonderful Assisted Living facility where he would be comfortable, have his own room and had less than 25 patients. This was a self pay facility, luckily my father had savings enough for a few years. My plan was initially to see if we could get him back into his own home with 24 hour nursing but his health declined.

3. My attorney advised me to do a Quick Claim Deed to protect his home and if at some point down the road we needed to sell the home for his Health Care I could do so. Also I had a half sister whom I've had little to no contact with my entire life and let's say never had anyone's Interest at heart except her own....

4. His bank account was in his name and his name alone....I only transfered the money from three banks to one. Putting most in a money market, some in savings and checking. It was solely in his name with the benificiary being his Estate....

5. I have receipts for most items, and canceled checks of course....I just feel that in my case at the onset of everything.....it was sudden regarding my father and the ONLY thing I was concerned about was HIM and his care....not about you can do this but cant do that...etc etc..etc....During that period I was getting calls from the Director of the facility of visits bordering on Verbal abuse of my father.....things like this....and now she wants reports of how I spent the money etc etc....she's upset because she wanted to hide the money and put my dad in a Medicaid facility.....I refused because number 1....My father was going to need every dime for his health care.....number 2....I believe Medicaid goes back 4 years....but that's beside the point....my father worked hard his entire life....and deserved to be in a comfortable facility since he had the resources to be there....

Sorry I'm rambling on and on...but the POA papers....should just have detailed instructions of what to do and what to expect when going thru this process..and what happens after the fact....trust me....I've learned more than I ever needed to know.....going thru this.....

I really believe all parents should have EVERYTHING in writing.....with copies to ALL siblings...so there is no doubt in anyones minds as to what the parents wishes are...There would be no fighting.....or accusations....or threats**************

At this point this half sister of mine is accusing me of being irresponsible because he was in a self pay facility.....and also complaints of spending "HIS" money on him such as new clothes......shoes.....etc etc....I guess when you become ill your not allowed new items...sorry as you can see....I get pretty frustrated after all Ive gone thru...

 

[msiron]

I really believe all parents should have EVERYTHING in writing.....with copies to ALL siblings...so there is no doubt in anyones minds as to what the parents wishes are...There would be no fighting.....or accusations....or threats**************

amen**************...

 

[pojo2]

Let's try one more time, your POA papers should be VERY detailed at what you can and can not do.

Language such as buy and sell assets, invest funds, pay debts, collect debts, if you do not understand the language as it is written and you are now "wondering" if things were done properly get another Atty to assist you in the meaning of the verbage used in the documents.

My comments were based on how you have tried to manipulate all assets, including real estate into your own name alone and it seems you are well aware of the Medicaid significance in doing so too.

Money brings out the ugly in people but you will learn this at a later date I am sure when this long lost step sis takes all this to a court in the future.

No hostility, I am not an heir, but I simply responded based on the info you imparted and how it sounded to a complete stranger.

Good luck with sis!