DPOA over mother

[ivy cottage]

What is the name of your state? Tennessee

I am soon to be 56. I am a widow. My soon to be 85 yr old mother has llived with me for the past 4 years. She was recently told she has alzheirmers. She is in denial. She signed a DPOA. The notary asked if she knew what she was signing and she said yes. It is a Tn DPOA form I got from the local library. My mother signed it as pricipal, me as agent and the notary signed it. There was no place for a witness' signature. There was a place for "Person who prepared this document". The notary said I was to sign it. Is this so? Also, My mother has a $20,000 CD in the bank. My name is on her checking account and I can write checks on it. She has medicare and military insurance. So if she ever needs to be put in a home when it comes to my being unable to care for her she has a place to go. She doesn't want the CD to go to to the home. Can I get the Cd out with the DPOA? She signed that I was over every thing on the DPOA. Please advise if you can.What is the name of your state?

 

[moburkes]

What is the name of your state? Tennessee

I am soon to be 56. I am a widow. My soon to be 85 yr old mother has llived with me for the past 4 years. She was recently told she has alzheirmers. She is in denial. She signed a DPOA. The notary asked if she knew what she was signing and she said yes. It is a Tn DPOA form I got from the local library. My mother signed it as pricipal, me as agent and the notary signed it. There was no place for a witness' signature. There was a place for "Person who prepared this document". The notary said I was to sign it. Is this so? Also, My mother has a $20,000 CD in the bank. My name is on her checking account and I can write checks on it. She has medicare and military insurance. So if she ever needs to be put in a home when it comes to my being unable to care for her she has a place to go. She doesn't want the CD to go to to the home. Can I get the Cd out with the DPOA? She signed that I was over every thing on the DPOA. Please advise if you can.What is the name of your state?

What are you trying to do with the CD?

 

[ivy cottage]

My mother became a widow in 1986. My brother and his wife are wealthy and she has always leaned towards them because of their social standings. He wanted her to sign the house she had over to him but instead talked her into selling it. We (the other siblings,poor) were told all she got was $15,000. I didn't believe it and still don't. Anyway, they had her purchase a life insurance policy which was only worth 15,000$. It decreases over time. They had it made out to their son if she should pass. Something happeneded between my brother and my mother and she tried to kill herself. My daughter found her and saved her just in time. She was almost gone. He had her put in a mental place for awhile, until she was better. WE had no say in the matter. Once she got out he took herto his home. During this time he had everything she owned, which we don't know exactly what because we weren't allowed to know anything, made over to himself. They got into it and she called me and she had everything changed. My name is on the will which says I get whatever she has, which is just a few personal belongings. She does have a CD which is 20,000$. It did have my brothers name on it, but when we moved it from his bank she just put her name on it. I am on her checking account. My brother hasn't spoken to my mother since all of this, 2001. She has alzheimers and he still won't call. Her insurance has gone down to 2500$. I am a widow who lives on 1050$ a month. I want her to take the CD out and put it in my name so when she passes I can bury her. I have tried to explain it to her. I don't want the money to go spend on myself..i just don't know what to do when she passes and I don't have the money for the funeral. Here in TN it is 800$ to open and close the grave, that's what it cost me when I buried my husband in 1994. All he had was 20,000$ for me and his three small children. His funeral was next to the cheapest and it was a little over 6,000$. That was over ten years ago and I know things have gotten more expensive. One sister is in bankruptcy and can't help. The other lives out of state with an alcoholic husband and drug abusing daughter and son-in-law. The only one who could help would be my brother and he won't even allow us to have his phone number. That is why I want the money out of the bank and i explained it to my mother. She said she understood but I am doubtful. She gave me DPOA and it says I can make decisions about whatever she has in the bank. I was told cremation is cheaper but she has begged not to be cremated. My brother and I havenl't spoken since 2001. I wrote him but he never wrote back. He is a retired paramedic and volunteer deputy. His wife is a practicing Nurse Practioner and their son (whom we weren't allowed to be around when he was small, they were Christians and they concidered us poor sinners) owns and operates a funeral home in another city. I have left messages at my sister in laws office and she won't return my calls. I will be responsible for my mother when she passes as I am now. I will continue to care for her until her needs become more than I can handle. when she passes I know it will be left up to me. I don't know what to do if she should have to be put into a home and the stae gets the CD...I won't be able to bury her. /We are in Tennessee.

 

[BlondiePB]

The DPOA is not valid. Your brother needs to be investigated for elder abuse (financial exploitation).

 

[LdiJ]

The DPOA is not valid. Your brother needs to be investigated for elder abuse (financial exploitation).

Why do you say that the DPOA is not valid? Someone in the beginning stages of Alzheimer's can be totally lucid and cognizant for substantial periods of time. The notary questioned her and was satisfied that she knew what she was signing.

OP, if you prepared the document then you need to sign it as the person who prepared the document.

 

[Zigner]

Why do you say that the DPOA is not valid? Someone in the beginning stages of Alzheimer's can be totally lucid and cognizant for substantial periods of time. The notary questioned her and was satisfied that she knew what she was signing.

OP, if you prepared the document then you need to sign it as the person who prepared the document.

The dead-thread monster bit you on this one. The thread is from 2007. Something must have been posted and deleted in order to revive it.

 

[tranquility]

Why do you say that the DPOA is not valid? Someone in the beginning stages of Alzheimer's can be totally lucid and cognizant for substantial periods of time. The notary questioned her and was satisfied that she knew what she was signing.

OP, if you prepared the document then you need to sign it as the person who prepared the document.

It is not "valid" as it does not comport with TN law. It is not important as it is a question from almost a decade ago.

 

[LdiJ]

The dead-thread monster bit you on this one. The thread is from 2007. Something must have been posted and deleted in order to revive it.

Dang it I hate it when that happens!