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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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  #1  
Old 10-08-2009, 05:30 AM
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Join Date: Oct 2009
Posts: 6

sister abuse of POA


What is the name of your state (only U.S. law)? SC

My mother passed away and previously left my sister with POA. There is a will who my sister is the executor. The will states that the 3 remaining kids get equal shares of all assets. There is a auto left that is finananced by an insurance company in my mothers name, but the insurance is in my sisters name. The equity is Approx $10,000.00. After my mother passed last evening, my sister turned dictator on us and started stripping the other 3 kids of any rights to the property. At the time I was using mom's vehicle when this started and out of fear of not being able to get home to Louisiana financially. I drove the vehicle from sc to La. I planned to turn the vehicle in to the local insurance company, but now my sister has reported the vehicle stolen. Do I have any rights here?What is the name of your state (only U.S. law)?
  #2  
Old 10-08-2009, 05:45 AM
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Join Date: Feb 2007
Posts: 8,280
The "power of attorney" has no meaning once the person who gave it passes away. It only allows you to act for the living.

While the will may indicate her as an executor, she has no power to do anything. It is the appointment of the administrator by the probate court that matters (though it will often be the person named in the will).

You should see if probate has been opened and if not do so.
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  #3  
Old 10-09-2009, 02:14 AM
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Thanks


Thank you so much!
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