• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

POA concerns, designating multiple POAs

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I live in Georgia.

My 83-yr old grandmother was diagnosed with end-stage COPD (Chronic Obstructive Pulmonary Disease) two months ago. Her health has continued to decline and we just learned this week that she has a form of bone cancer. She isn't expected to survive much longer (90 days, best case scenario).

My father is her only child. His involvement in providing care or making any health care decisions is best described as non-existent. To date, my sister and I (her only two grandchildren) have made all medical decisions with her blessing.

Two months ago, when she realized the severity of her illness, she decided to change her will. My father was the sole beneficiary up to that point, but she modified her will to include me and my sister. She surprised all of us by leaving each of us 1/3 of all her assets (just over $700k).

My father and his wife tried to force her to give him POA. She refused to do so at that time, but eventually she will need to designate someone. So, here are my questions-

1- If she gives my father POA, I'm very concerned that he (and/or his wife) will use it to steal as much money as possible before her death and the subsequent reading of her will! Is this a valid fear and, if so, what can be done to prevent it from happening?

2- My greatest and most urgent concern is ensuring that she gets the best care possible for the remainder of her life. If she gives my sister Medical POA, will that also allow her (sister) access to the funds needed to pay for said care?

3- Is it possible for my grandmother to designate my father and either me or my sister (or both of us) to jointly share POA? To clarify, all decisions would be made by at least two of us (and neither can act independently).

Any input or advice will be sincerely appreciated.

Thank you.
 


tranquility

Senior Member
Don't have joint POA where power is shared. You need a person responsible. There is nothing wrong with having different people being in charge of different functions, with one being health care POA and the other durable financial POA.

Cleverness and trickery can get a person extra money if they are a POA. But, accounting is a pretty good tool to see where everything goes. Anyone can cheat little bits below the radar of how close someone will review the actions, but 90 days? A few pictures through the house at the start and I find it unlikely a person could get away with more than the change under the cushions without getting caught.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top