Gift giver

[vparrish]

What is the name of your state? Kansas
My father has given my two brothers POA. There are things in it that I do not completely understand. My brother had this POA made up and I dont really think my father understands what it all involves either. Can you help?
I need to know exactly what is a gift giver is and what does it mean in a POA that says the gift giver has the right to give things to people he wants to??? Why is this in a POA anyway?
Also exactly what is meant by being able to revoke gifts given by a person before their death after the person has died?
Why would you have two people on a POA and not put in there that the other has to approve what the other on does with assets? This POA says one can do things without the others consent.

 

[Dandy Don]

Take this POA to a business law attorney or probate attorney or family law attorney as soon as you can. It probably would not withstand a legal test.

POA should normally be given only to 1 person, and the fact that 2 people are named may or may not have been something your father willingly agreed to. The brothers are trying to gain control of his assets before he dies--whether or not they would handle the assets correctly and honestly (by spending the money on his needs and NOT keeping it for themselves) is up for grabs. Unless your father is sick or near death or incapacitated, there would normally be no need for him to give POA to anyone. Isn't he competent enough to be able to handle his own finances?

 

[vparrish]

No my dad only wanted to give the POA to my oldest brother. My oldest brother put my other brother on it.
Now I get the papers back that he re-did cause they spelled my dad's last name wrong (which is the same as my two brothers which is spelled correctly HHHMMMM) on every entry of his name is wrong and their's correct.
Now the page with the Gift Giver is not there. Is he hiding that page from us??? I dont think I was supposed to see that page.
The new copies are numbered from 2-5 my dad has initailed all pages my brother says thats so no one can say anyone has added new pages to the POA. (did he tell me this to COA???)
The old POA pages were also initialed,and numbered. But there is no Number 1 page on the new ones. Do you have to register a POA at the Court House in Kansas? I know you do in North Carolina and is it a public record?
My sister has a copy of the old POA with the page in it. My brother called her told her about the new copies and told her to throw the old one away. HHMMM
No my dad is capable of taking care of himself he is 80 years old but in excellent health. My Dad thought he was just giving my brother the power to pay his bills and sign the checks for him while he traveled, or if he needed more money he (my brother) could get to it for him to send it to him while traveling. He didnt even read the POA. My dad doesnt know about such things momma always handles things like this. She passed away in Jan.The two boys got stupid then too but daddy cooled them off.
I know they want control over all of it. I dont care about that
I want to know about the gift giver item and if my dad gives anything to any of us it says that they have the right to revoke the gift before or after his death. If he sells anything to my sister and I even for a $1.00 can they have this revoked also??
I have been reading some messages in this site. One thing caught my eye, ANY POA PASSES WHEN THE PERSON PASSES. So if my father gives gifts and they dont revoke them before he dies then they have no right to do so even after he dies because the POA passes too.I am so confused. There is a will that states all belongings to be sold and monies, ins..... divided equally between the four of us.
Does this mean when my father dies the POA is null and void and the will takes over, and that my brothers cant do it afterwards except bide by the will? My oldest brother is executor of the will.

 

[Dandy Don]

If you can't even tell us the language of the "GIFT GIVER" provision, how can you expect us to tell you what it means?

Yes, the POA will be null and void when the death occurs (but don't tell your brothers that--they may or may not know about that aspect).

There is no way in the world that a gift can be revoked or taken back after it is given.

It is the will that your brother executor will have to abide by.

 

[vparrish]

Gift Giver

I told you my brother took that page out so I cant give you the exact LANGUAGE of the Gift Giver. Now he tells my dad he took it out because he didnt think it should be in there.

 

[Dandy Don]

What brother said may be true, or it may be a lie so that he doesn't have to show it to you to see what it says until he springs it on you after the death has occurred.