Would attorney be required to provide?

[Catblue]

What is the name of your state? Ca and I am out of state

If I were named as a dual on Moms POA (Power of Attorney), would Moms attorney be required/obligated to give me a copy upon request?

Little background: I am being lead to believe I am a dual POA with my Brother by my sis-in-law as she has made three bold hints now, otherwise I would never question this. Note the last "hint" was: found note in your Moms wallet stating you are POA and we replaced with it with your Brothers name. I haven't a clue how that note would have ended up in Mom's wallet???

So I call Moms Attorney today and ask are you required to sign acceptance of being anothers POA - He says "NO"

So I request copies of all documents with my name on them (minus Wills/Trust) and he tells me My Mother must contact him and tell him it is OK to release these doc's to me. So I flat out ask if I am named as a POA and he says the same about Mom contacting him.


Understand Mom has dementia (he knows this) and if I call her she will do it in a heart beat but why upset and/or confuse her? I will do this if I must!

Brother has refused (OK, has stalled over 3 months) to provide me with a copy of "said POA" stating he has control of everything. Guessing if he would lie, he would also cheat and embezzle (? spelling there). Assests there to cover some serious embezzlement!

My 1st true concern is Mom is taken care of which my sis-in-law is wonderful we talk often. But we both believe Mom belongs here with me as I do not work and have pleanty of time and resourses to care for her. I understand sis-in-law has obligations to my Brother and stated only copy of old POA so won't send to me.

My 2nd concern would be my liability if I am also named as a dual POA and should an issue come up.

My 3rd concern is enough $ left for Moms care in the future and not squandered away by self interest.

Sorry for the ramble and thanks for replies
1st time post and very concerned Daughter

 

[BlondiePB]

What is the name of your state? Ca and I am out of state

If I were named as a dual on Moms POA (Power of Attorney), would Moms attorney be required/obligated to give me a copy upon request?

Little background: I am being lead to believe I am a dual POA with my Brother by my sis-in-law as she has made three bold hints now, otherwise I would never question this. Note the last "hint" was: found note in your Moms wallet stating you are POA and we replaced with it with your Brothers name. I haven't a clue how that note would have ended up in Mom's wallet???

So I call Moms Attorney today and ask are you required to sign acceptance of being anothers POA - He says "NO"

So I request copies of all documents with my name on them (minus Wills/Trust) and he tells me My Mother must contact him and tell him it is OK to release these doc's to me. So I flat out ask if I am named as a POA and he says the same about Mom contacting him.


Understand Mom has dementia (he knows this) and if I call her she will do it in a heart beat but why upset and/or confuse her? I will do this if I must!

Brother has refused (OK, has stalled over 3 months) to provide me with a copy of "said POA" stating he has control of everything. Guessing if he would lie, he would also cheat and embezzle (? spelling there). Assests there to cover some serious embezzlement!

My 1st true concern is Mom is taken care of which my sis-in-law is wonderful we talk often. But we both believe Mom belongs here with me as I do not work and have pleanty of time and resourses to care for her. I understand sis-in-law has obligations to my Brother and stated only copy of old POA so won't send to me.

My 2nd concern would be my liability if I am also named as a dual POA and should an issue come up.

My 3rd concern is enough $ left for Moms care in the future and not squandered away by self interest.

Sorry for the ramble and thanks for replies
1st time post and very concerned Daughter

Sounds like you could be nominated as an alternate agent which would only "kick-in" and become effective when the primary agent cannot or no longer wants to be the primary agent. Since no one here can read the document, we cannot determine anything except that your mom's attorney is correct.

 

[Catblue]

Sounds like you could be nominated as an alternate agent which would only "kick-in" and become effective when the primary agent cannot or no longer wants to be the primary agent. Since no one here can read the document, we cannot determine anything except that your mom's attorney is correct.

Thank you very much for your reply
C

 

[Dandy Don]

You are being BS'ed big time and not being given the complete story. No one except your mother had the right to take your name OFF if it was on as POA, but it sounds like your brother did it.

You need to talk to a family law attorney/elder abuse attorney to find out your options--you could file for guardianship, and find out if your state has laws against abuse of POA. A person with dementia does not have the legal right to enter into any agreements, so the POA she supposedly gave to brother or whoever, may not even be legal. Does POA know that he needs to provide receipts for any expenditures/monies he takes out? There is the temptation for him to take out monies to keep for himself and that would be abuse of POA.

What a mess!!

DANDY DON IN OKLAHOMA ([email protected])