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what is my POA worth?

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jalisa92

Junior Member
What is the name of your state? North Carolina.
I was granted durable POA by my husband in July 2006. He suffers from primary Progressive MS. We have been married 19 yrs. He is in a veterans nursing facility voluntarily for intensive theraphy. He became angry with me while there and had his VA compensation check sent to his mother. She promptly opened an account in both their names. Meanwhile, we have a home together and 1 minor child. i have not worked in 9 years because I had to take care of him. He called his mother and told her to send me his money but she refuses and gives him excuses. I spoke to the social worker at the VA and she said he was competent when he made the decision. He later expressed to her that he was wrong and wanted to fix it. She said the doctor had to state if he was competent. The doctor said "he is still a little confused". His child and I have no money and things are being cut off and the mortgage was not paid. What are my options?
 


BlondiePB

Senior Member
What is the name of your state? North Carolina.
I was granted durable POA by my husband in July 2006. He suffers from primary Progressive MS. We have been married 19 yrs. He is in a veterans nursing facility voluntarily for intensive theraphy. He became angry with me while there and had his VA compensation check sent to his mother. She promptly opened an account in both their names. Meanwhile, we have a home together and 1 minor child. i have not worked in 9 years because I had to take care of him. He called his mother and told her to send me his money but she refuses and gives him excuses. I spoke to the social worker at the VA and she said he was competent when he made the decision. He later expressed to her that he was wrong and wanted to fix it. She said the doctor had to state if he was competent. The doctor said "he is still a little confused". His child and I have no money and things are being cut off and the mortgage was not paid. What are my options?
Tell hubby to have his mother bring him his money. Then, he can give it to you. Have hubby call VA himself.
 

jalisa92

Junior Member
reply to blondie

Thanks for the advice. She ignores all his pleas for his family. She lives in New York. He is very upset and said that what his mother did wasn't right. Im sure she's spending it n herself because that's what she did to her own elderly mom and dad. Until his condition gets better, the VA wont let him make any decisions. As I said before, I have a 28 page Durable POA, Everything is detailed. It also includes medical POA. What can I do as his POA to rectify this situation? Also, when he reverses what he did, can I sue her on his behalf for the money that was not spent on his behalf? The POA says I have POWER WITH RESPECT TO OTHER AND LEGAL ACTIONS.
 

BlondiePB

Senior Member
What can I do as his POA to rectify this situation? Also, when he reverses what he did, can I sue her on his behalf for the money that was not spent on his behalf? The POA says I have POWER WITH RESPECT TO OTHER AND LEGAL ACTIONS.
VA does not recognize a POA, just like Social Security. Did your husband call the VA himself? He needs to do this. As for sueing MIL, your hubby has not been declared incompetent. He would have to sue his own mother.

The only other option is voluntary guardianship of estate & person of your husband. That will take 6-8 weeks.
 

jalisa92

Junior Member
reply to blondie

I did the research and also realized the VA has their own POA form. I understand also that guardianship is costly. He is still at the VA nursing home and wants to come home. He is there for a therapy program. He is very upset with his parents. Both our credits are being ruined due to joint accounts.
 

BlondiePB

Senior Member
Sorry, I was too busy to post.

I did the research and also realized the VA has their own POA form. I understand also that guardianship is costly. He is still at the VA nursing home and wants to come home. He is there for a therapy program. He is very upset with his parents. Both our credits are being ruined due to joint accounts.
Please answer the following questions:

How are you & your child acquiring groceries?

How EXACTLY did your husband's VA monies go to his mother (omit the angry/fight stuff you & he had)?

Do you and/or hubby know the bank where the account is set up for him (do not post the name of the bank, etc. as that's not necessary info)?

Do you/hubby have an attorney?
 

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