I don't want to be POA for my abusive mom. Can I turn it over to my sibling?

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Q: I am Power of Attorney for my demented and abusive elderly parents. Can I turn it over to one of my siblings?

A: It depends. Unless there is specific authority in the Power of Attorney document for the "agent" (person given powers under a Power of Attorney document) to delegate powers to another individual, the general rule is that he/she may not do so.

You can, however, decline to serve as the named agent and instead encourage your siblings to petition the court to be appointed as their guardian and conservator.

At least that way your siblings would have legal authority to deal with the money and personal affairs of your elderly parents.


K. Gabriel Heiser is an elder law attorney and author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets." Read his full biography

 
 

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I am currently power of attorney for my mother who is in an assisted living facility. I had to leave my job and move to her home (64 miles away) to handle her estate. The house is literally falling apart. Broken sewer lines, leaky faucets etc. I have also had to use some of my mother money to pay for some of my bills. Am I allowed to day that? If so how much am I entitled to for cleaning out her home and taking care of all the estimates and repairs and her personal finances and bills, healthcare ets. I've been here 2 1/2 months and have no help from my siblings. Now they are asking for copies of bank statements and want me out of the house. Please advise me of my legal rights.

 
 

anonymous11306

Give a Hug

Jun 25, 2010

Repairing her house, cleaning it out, taking care of her personal finances, bills and health care all fall within the duties of someone with a durable POA. The bank statements with the canceled or copies of the canceled checks should show that rather easily.

I need to know more about what bills of yours you used your mother's money for. Had she made you a joint owner of her checking account?

I think you need to find yourself a lawyer. This smells like the sharks are coming after you for blood because they might fear either their inheritance is being spent away or they don't trust you. They might wonder why you quit your job and moved into her house which may have raised suspicion of living off of her money due to not working anymore. I live 60 miles from my mother who is in a rest home and have had my hands full getting years of unpaid taxes settled which has involved some extra traveling, but everything else I've dealt with by having everything mailed here. My own situation is unique in that after giving me durable and medical POA in 2002, my mother made me co-owner of her private accounts in the state employment credit union here in 2005. Her stroke and broken hip in 2009 led to her being put in a nursing home.

I hope you have kept good records. Keep coming back and let us know how everything goes..

 
 

Thank you for your input and advise. Yes I am on her bank account as POA and she is on my car loan. I have power of attorney for her bank account, health and real estate. The trust does provide for compensation for me but I have not persued it.

I think you are right I need to call a Probate Attorney and find out what my rights are.

 
 

anonymous11306

Give a Hug

Jul 2, 2010

spicyshellshel,

Look up your state's general statutes. Then search them for durable and medical POA. This will tell you a lot that a lawyer will tell you.

 
 

Thank you very much!!!!

 
 

susan123

Give a Hug

Jun 22, 2011

I have pow over my father. I pick him up from the nursing home once a week and was in the processing of finding a new nursing home for him as the one he is in now is has horrible care. My problem is my transmission went. Can I have it repaired with my fathers money.

 
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