who has POA authority

[rlgypsygrl]

What is the name of your state? Florida

My husband and his brother have Durable POA over their fathers affairs, he has recently been placed in a nursing home. He has mild dementia, but is somewhat aware. My husband has primary medical, and my borther-in-law has primary financial, each able to act as agent for the other. My sister-in-law has been acting as agent for her husband without first apprising my husband. Many of her actions are not agreeable to my husband, and she is alienating nursing home staff and other care providers. I anticipate further problems with her as the property and assets are liquidated. The intent is to provide funding for his care, but I'm not sure she can be trusted to place his interests above her own. As my brother-in-law allows her to make all his decisions for him, she has in effect become the other party in the POA. Civil action would end up hurting my father in laws assets, but I would consider criminal action to stop her. Is that an option?

 

[BlondiePB]

What is the name of your state? Florida

My husband and his brother have Durable POA over their fathers affairs, he has recently been placed in a nursing home. He has mild dementia, but is somewhat aware. My husband has primary medical, and my borther-in-law has primary financial, each able to act as agent for the other. My sister-in-law has been acting as agent for her husband without first apprising my husband. Many of her actions are not agreeable to my husband, and she is alienating nursing home staff and other care providers. I anticipate further problems with her as the property and assets are liquidated. The intent is to provide funding for his care, but I'm not sure she can be trusted to place his interests above her own. As my brother-in-law allows her to make all his decisions for him, she has in effect become the other party in the POA. Civil action would end up hurting my father in laws assets, but I would consider criminal action to stop her. Is that an option?

Your sister-in-law has absolutely NO legal authorization to do anything regarding your father-in-law. Have your husband petition for guardianship over his father with the assistance of an attorney. Guardianship invalidates POA. Liquidating assests is "spending down" and is fraud. We do not assist posters committing crimes. Guardianship will protect your father-in-law's assests from other family members stealing them.