In my honest opinion, the fact you are POA for your dad, indicates there is a need to assist your dad in issues that he may not be capable of addressing. Even if it were not a responsibility of having POA, the fact he is your dad would require a moral obligation to do so. Of course this is based on the fact you even asked such question that leads me to believe there IS a need for your dad to have such assistance.What is the name of your state (only U.S. law)?Maryland
As power of attorney for my dad, am i responsible for his mail?
Also, am I responsible for his car as far as renewing the registration for tags and the upcoming emissions test?
thank you !
Unfortunately, he is incapacitated, in assisted living, and will soon pass...In my honest opinion, the fact you are POA for your dad, indicates there is a need to assist your dad in issues that he may not be capable of addressing. Even if it were not a responsibility of having POA, the fact he is your dad would require a moral obligation to do so. Of course this is based on the fact you even asked such question that leads me to believe there IS a need for your dad to have such assistance.
In a nutshell, a POA allows you to take certain actions. It does not place a duty on you to take certain actions. (Note: that is very generalized)Unfortunately, he is incapacitated, in assisted living, and will soon pass...
I'm so sorry for what you are dealing with, ZardoZ. A hug for you and prayers for your Father and your immediate Family.Unfortunately, he is incapacitated, in assisted living, and will soon pass...
You DO realize that if you don't deal with his mail and his car, that you will not be protecting any inheritance that you might receive? You do realize that if you don't deal with his car and his mail that a social worker assigned to his case might take guardianship of him and strip you of any POA rights?Unfortunately, he is incapacitated, in assisted living, and will soon pass...
What's up with that, OP???What is the name of your state (only U.S. law)? Maryland
Hi and thanx for any help in advance, and yes I will be seeing attorney I just have limited funds and want to have more info/understanding to maximize my time with the attorney.
My dad became ill over a year ago and my sister became the power of attorney and executor.
He had a will at that time in which I was a beneficiary.
A few months ago I got a check not from my dad’s bank account but form a new account and bank with the name “(fathers name)revocable trust” that was sent by a caregiver.
I was not informed of what had changed and a few weeks ago my dad passed and the caregiver emailed me what my sister said were my dad’s wishes concerning my benefit from the estate.
I emailed the caregiver and my sister (now the sole trustee) a request for a copy of my father’s last will and testament, a copy of the trust instrument, and any/all other documents or information that I am entitled to. The caregiver only emailed me 2 pages of what is now a “(father name) family trust” that only had to do with my benefit.
Q’s:
1.Am I entitled to have a copy of the entire trust provisions document?
2.Should I be getting or have to ask for any other documents or information?
3.Is there a will still on file I can access?
4.Should I have been informed of the changes from the will to trust?
5.Is the revocable trust (now a family trust) considered irrevocable or is this a new trust altogether?
6.Do I even need to involve the caregiver (she was not mentioned in what they sent) with my inquiries?
7.Am I entitled to the source info or accounting as to my monthly fluctuating annuity amount and how the figure is determined as it is based on a real estate investment?
8.Are my inquiries considered an attack on the trust as there is some threatening wording in the trust that says that if I attack or contest the trust in any way my benefits will be terminated?
Thanks again for any answers or links that can help!
Sad to hear of your father's failing state of health. But why would it be necessary to keep his car square with DMV?What is the name of your state (only U.S. law)?Maryland
As power of attorney for my dad, am i responsible for his mail?
Also, am I responsible for his car as far as renewing the registration for tags and the upcoming emissions test?
thank you !
The "father's failing state of health" is probably why he died in 2013. That also gives you a clue to extent of the dad's "incapacity."Sad to hear of your father's failing state of health. But why would it be necessary to keep his car square with DMV?
As far as the mail, would it be any problem for you as his son, POA or not, to look after it for him.
Also, depending upon the nature and extent of dad's "incapacity", unless your POA was made durable it may be of no good anyway.
Something very odd about hx:
https://forum.freeadvice.com/wills-trusts-estate-planning-113/family-trust-saga-confusion-602849.html#post3237242
What's up with that, OP???