I'm not understanding the purpose of this Durable POA?

[ring]

What is the name of your state (only U.S. law)? Indiana.
My Aunt is 88 yrs old.My Aunt wanted me to take her to her attorney so she can change her Will.So I did.During that time with the attorney the attorney told me that he felt that my Aunt will need a POA.Since,I am the only person in the family taking care of my Aunt.I agreed to be her DPOA.The only two reasons I agreed to be her DPOA is because,
(1)The attorney felt she needed a POA.
(2)There's no other family member or friend willing to help my Aunt.
When her attorney told me that he felt she will need a POA.I didn't give it much thought I just followed what the attorney was feeling she needed.So I agreed.
Here I am 3 months later running into many problems and issues with this DPOA I have.Now I'm wondering if this DPOA is pointless and worthless to even have.
This DPOA is for Health care & Financial and takes effect immediately upon the client's signature.Not Springing is what I was told.Strange this is,the POA paper work states,(takes effect immediately upon the client's signature)It is signed with the client's signature!..I asked the attorney if this DPOA I have is in effect now?He told me Yes it is.I asked is this DPOA springing?He told me No.
But,from talking to other people I hear POAs don't take effect until the client is incompatent by a doctor.Isn't that what people call a springing POA?
Well,I don't get this at all?Which is it?Does this POA I have take effect immediately upon the client's signature?Or not until the client is incompatent?If your gonna tell me no it is not in effect until the client is incompatent?That tells me all POAs are springing and do not take effect immediately upon the client's signature.Why is this so confusing for a person to understand?This POA either takes effect immediately.Or not until the client is incompatent.Which is it I'm confused?

There's more to this story with issues I'm running into below,
My wife and I are both POA for our Aunt's healthcare.I am the only one that is POA for Financial.Not my wife.My wife is only POA for healthcare not Financial.
If something would ever happen to me.Then and only then my wife would be POA for Financial.I hope I made that clear so far so you understand?

I am my Aunt's DPOA and Caregiver "Both" that's where I'm running into issues.I was never told walking into this POA that I have to be a caregiver for my Aunt for free.This doesn't sound fare at all!..It's clear that POAs are not allowed to charge for POA services I get that!..I was never told that I must be my Aunt's cargiver for free.Free that's the issue I'm running into with this POA in my way of being paid for my caregiver services.To me this is wrong that I can't be paid!
My wife and I has been our Aunt's caregiver for over 3 months now.Our Aunt is 88 and live alone in her own home as she demands to do.My wife & I drive to the Aunt's home every other day & sometimes everyday to care for her as any caregiver's duties arrise.We do the same duties as any other caregiver does.Except,we don't get paid to do this job.Costing us over $160 per month out of our own pocket just in gas to go see her not including runnings for our Aunt's needs.Because,I am my Aunt's DPOA.I can't ask for gas money from my Aunt.I can't accept any money or gifts.This DPOA to me seems to be worthless to me.I don't see the point in even having this POA!..Everyone I talk to about this tells me to talk to the Attorney that created this DPOA.Well,I did!..With no luck or help with it.The attorney tells me,Sounds like you need Guardenship.Now I need Guardenship?What a mess this is.I think this attorney just wants more money.To me Guardenship seems a bit extream.I shouldn't need to do all of this in order for me to be paid for my services as Caregiver.As of now my Aunt is legally compatent to do what she wants and desires.In my eyes she is incompatent but,legally she's compatent.My Aunt is compatent.Can she pay me for my caregiver services while she is compatent now as we speak?Can she hire me as her caregiver?Or can she hire my wife as her caregiver and be paid?If not?This POA is worthless and is stopping us from being hired and paid for our caregiver sevices we do for her.

We can't be our Aunt's caregiver for free anymore.It's costing us to much money to do this job.
Please,tell me if I'm correct below?
Would it be best for me to have this DPOA removed so we can be hired/Paid?
I see no point in this DPOA.Her doctor has her Living Will information.When our Aunt's health gets bad the doctor knows what she wants and don't want.The doctor has the living Will paper work on file.Seems this POA is worthless to have.To me it seems this DPOA is only for creditors to come after me or to point fingers ate.
If I knew about all these rules at the beginning I wouldn't of agreed to this POA.I think all I need to do is have this POA I have removed.Then,become Joint on my Aunt's bank account and be done with these problems.Is there any attorneys here that can give me some advice please?
Thanks!

 

[OHRoadwarrior]

You should have specified it pay you for time spent. As a matter of law you cannot benefit from having the POA. You can have her sign an amendment providing compensation outside of the self benefit provision.

 

[ring]

You should have specified it pay you for time spent. As a matter of law you cannot benefit from having the POA. You can have her sign an amendment providing compensation outside of the self benefit provision.

Why does everyone get this confused what I'm trying to ask?As I stated above in this thread,(It's clear,POAs are not allowed to charge for "POA" services)
I am not asking to be paid or charge for "POA" Services.Unless noted in the POA.By right's I should be asking to be paid for this POA job I do.But,I'm not!
POA & Caregiver is not the same job.
I'm asking to be paid for my services as a caregiver.Not as a POA.
That's my point this POA is worthless for me!..I agreed to be her POA for free.I never agreed to be her caregiver for free.
I had no idea at the beginning this would cost me money out of my pocket.I never did this stuff before in my life to know what questions to ask the attorney.Isn't like this POA comes with a instruction manual.If it does I didn't get one.
Seems I can never get any advice on this subject.I hear people talk all the time that their Joint on their love ones bank accounts and DPOAs.But,some how they all get away with it.Here I am trying to do this all legal and not getting anywhere doing so.
Here,
DPOA or not!If the client is compatent.The client can hire who ever they please and pay who ever they please.They all say this,DPOAs don't take effect until the client is incompatent.Is this correct?My guess is "YES".If that's the case,my POA isn't in effect until my Aunt is incompatent.Until then I can accept payments & gifts until then.Or am I wrong again?What's the fine print I'm not seeing?It all boils down to is she compatent or incompatent isn't that correct?
The only time I need to worry is if she would ever go into a nurcing home and exceed her cost.Isn't that correct?
I don't understand all of this red tape stuff.I'm no attorney to know what questions to ask.To understand all of this POA stuff as do's and don'ts requires a attorney to know.After all a attorney is the feller that created this POA in the first place.
I have a sister in law that's DPOA over her Mother.She's also,her Mother's caregiver and is Joint on her Mother's bank account.She charges her Mother $800 per month for her caregiver services.And gifted $14,000 a yr to her self.Some how she gets away with this?But,I can't ask to be reinbursed on my gas?Or be paid for my caregiver services I do?I see where this is going.I don't understand why anyone can just talk straight down to earth with me explaining what I can do?I know what I can't do.I'm asking what can I do?I can hear can'ts all day long.It's the can that;'s rare to hear.
Sounds like I answered my own question lol.
Remove this DPOA my problems are solved!..Isn't that the truth.lol what attorney will tell the truth lol.

 

[OHRoadwarrior]

You misunderstood my response. They are two separate events. You must make sure they stay that way. Google "POA payment for service" for a more comprehensive explanation. As she is incompetent, amending to allow you caregiver payment isn't possible. You should run the question by her attorney.

 

[ring]

You misunderstood my response. They are two separate events. You must make sure they stay that way. Google "POA payment for service" for a more comprehensive explanation. As she is incompetent, amending to allow you caregiver payment isn't possible. You should run the question by her attorney.

As I stated in the threads,
I did talk with the attorney that created this DPOA.All he tells me is this,
Your not my client.Your Aunt is my client.I must protect my client.With that said,sounds like what you need is Guardenship.Call make a appointment.
That's all he tells me.
I'm not his client he tells me.But,I'm DPOA of his client.And he created this DPOA I have.But,yet not willing to help me other then talking about Guardenship?Guardenship to me sounds too extream I think.And just more for me to do.Your telling me that I should run this by her attorney.I did.That's what I get above.
Your saying I should of had payments noted in the POA with the attorney at the start.Why can't this attorney change/revise this DPOA then?Sounds simple to revise I would think over attempting to get Guardenbship in a court room.I was told by one attorney if your DPOA you don't need Guardenship.
As I stated,my Aunt is not incompatent.Your not legally incompatent until told by a doctor.If my Aunt was incompatent.No attorney would change or create a Will or Change the POA without appointing another DPOA in it's place before hand.With that said,the Aunt is compatent.That means I can have my DPOA removed without appointing another in my place.While she is compatent is the best & only time to get this DPOA removed before it's too late is my thinking.
Like I said,this DPOA is worthless for me as her caregiver.Show me how this works for me?Give me one reason why i shouldn't remove my DPOA?Her doctor allready knows her Living Will.No need for this DPOA I can see.

 

[quincy]

As I stated in the threads,
I did talk with the attorney that created this DPOA.All he tells me is this,
Your not my client.Your Aunt is my client.I must protect my client.With that said,sounds like what you need is Guardenship.Call make a appointment.
That's all he tells me.
I'm not his client he tells me.But,I'm DPOA of his client. ...

Here are ring's other threads -

From 12-1-13: https://forum.freeadvice.com/elder-law-powers-attorney-living-will-advance-health-care-directives-115/indiana-durable-power-attorney-questions-601947.html

From 12-1-13: https://forum.freeadvice.com/elder-law-powers-attorney-living-will-advance-health-care-directives-115/will-over-trust-questions-601948.html

From 12-4-13: https://forum.freeadvice.com/elder-law-powers-attorney-living-will-advance-health-care-directives-115/indiana-durable-power-attorney-questions-please-602026.html

From 1-13-13: https://forum.freeadvice.com/elder-law-powers-attorney-living-will-advance-health-care-directives-115/i-have-some-questions-about-wills-trusts-please-602886.html

 

[OHRoadwarrior]

Hmmmm, OP's entire family is falling apart.

 

[Ohiogal]

Hmmmm, OP's entire family is falling apart.

OP is also a liar or a troll. His uncle is his father apparently.

 

[OHRoadwarrior]

OP is also a liar or a troll. His uncle is his father apparently.

I don't even want to know the lineage of his grandmother.

 

[LdiJ]

I would like to make a point that has not been addressed in this thread.

Its true that a POA cannot benefit from being a POA. However, there is a difference between benefitting, and being reimbursed for costs associated with being the POA.

I think that being reimbursed for gas used for the benefit of the aunt would be a legitimate and valid reimbursement. Its no different than using your own money to purchase something she needs, and then being reimbursed for that.

 

[Ohiogal]

I would like to make a point that has not been addressed in this thread.

Its true that a POA cannot benefit from being a POA. However, there is a difference between benefitting, and being reimbursed for costs associated with being the POA.

I think that being reimbursed for gas used for the benefit of the aunt would be a legitimate and valid reimbursement. Its no different than using your own money to purchase something she needs, and then being reimbursed for that.

Unless his aunt is also his uncle and his uncle is his grandfather and.... I am calling troll based on his PX.

 

[anteater]

But the OP seems to be hopelessly confused about the difference between being an "agent/attorney-in-fact" and a "caregiver."

Not to mention, those continuing "I am being told's" and "I was told's." Dagnabbit... Is it so hard to simply say who is doing the telling?

 

[LdiJ]

Unless his aunt is also his uncle and his uncle is his grandfather and.... I am calling troll based on his PX.

Yeah...its possible he is a troll...but in case he isn't, I felt that the information I gave should be pointed out. If he is not a troll, he is an extremely poor communicator.

 

[Ohiogal]

Yeah...its possible he is a troll...but in case he isn't, I felt that the information I gave should be pointed out. If he is not a troll, he is an extremely poor communicator.

You gave good information. I am not arguing with the information you gave. OP has issues though. And he is in over his head and quite frankly shouldn't be a POA for anyone.

 

[ring]

Thank you (LdiJ ) that is what I'm asking and you answered my question.

I'm not talking about POA.I'm talking about Caregiver services I do for my Aunt.The loss in cost I suffer from this job as caregiver.I should be able to accept reinbursement from my loss I spend out of my own pocket.As long as I record all spending as DPOA.I shouldn't have a problem being hired by my Aunt as her Caregiver.If it's the problem of me the POA getting paid for this caregiver service?Then,It's my job as DPOA to hire a Caregiver isn't that correct?If so,I should be able to hire my wife as her Caregiver or my Aunt can hire her and pay my wife for caregiver services.My wife isn't DPOA only I.

If I'm not allowed to do none of these things above?This DPOA is in my way of getting these things done and this DPOA is worthless,Pointless to even have.As I stated,her doctor has her Living Will.DPOA isn't needed.My Aunt is compatent as we speak.Until then my Aunt can hire who she pleases.And my DPOA isn't in effect until the client is told by a doctor incompatent isn't that correct what everyone says?

This is my Aunt.Not a Uncle Regardless,it doesn't matter if it is a Aunt,Uncle,Brother,Sister,Father ect.I explained my issues for people to give the best advice.Yes I created other threads.Because,I have many questions.Some is not about my Aunt.Some are for other issues.