Can a POA (durable) sell a house & then use the funds to buy themselves a house?

Does durable poa are legal in other locations than the United States? In Caribbean Islands ex. Puerto Rico which governed by Federal Laws.

Does a POA of an elderly person have complete say so in All the Elderly persons financials, or, is it only the ability to assist (sign checks and make financial decisions) and the Elderly person still has the right to access his information?

I feel for all the people here who are going through the heartache dealing with family members...I have a similar situation. My husband is incarcerated for a white collar crime and because I didnt divorce him my entire family has disowned me. I am disabled and apparently they feel the best way to "punish" me is to leave me on my own to make it or not....the best advice I can give to others is to stay strong, never let anyone but God see your weaknesses, and most of all never stop being the loving person you are!!!

This is really confusing..okay. I have my moms DPOA and now my 96 yr. old grandfather has been put into a home my one uncle and aunt have convinced my grandmother she needs to hand over all of there savings and deed etc. well during this, my mother which is disable and is not quit all there due to yrs of drinking and drug use. my grand mother took my mom over to that uncles house and they told her "well since s.s. will take your inharidence you might as well sign your bonds and certifs." so she did!!! Is this legal? Mow when she goes around them they make comments like "your not getting a dime" she dont care about the money but come on, its just the point. hopefully someone can give me some advice!

My husband and I both have Power of Attorney for each other and living wills. He was recently diagnosed with Alzheimer's. I'm afraid if something happens to me that he will not be in the right state of mind to decide on my care. Do I need a new POA?

My mother has dementia and is becoming somewhat hostile and argumentative. I am disabled as well with back issues and it is getting to the point that I cannot take care of her much longer and afraid for her safety and health. She live off of Boost and mash potatoes because of her fear of choking and has she has received many test that have show physically there is nothing wrong. She gets very anxious if you try to give her anything else. A year ago when she was diagnosed with dementia she weighed 145 lbs and now weighs 97 lbs. MY fear is she is slowly starving herself to death. I'm at my whit's end; what can I do and? My brother and I already are on her account but her home is in her name, she can not live by herself and has lived with me for over a year. What steps can we to make decisions for her concerning care since I nor my brother can continue to give full time care. We need help!

I know I can't be alone with this problem. (I truly believe their should be NO Durable Power of Attorney) Or at least two. One that has nothing to gain from deceiving an elderly parent.
I have been to APS and the State for help, and nothing has been done for me. I truly cannot keep going on.
I was fighting Colon Cancer and really had NO choice but to appoint my son as POA and DPA. (In case I died in surgery or treatment, someone needed to have control of my small assets.) Well I am fine, live alone and try to take care of myself.
I need medicines, but my son has the last of my cash money and does not care that I need medicine I can't get. He is angry his Inheirtance is so low! He has taken my wedding rings and other heirloom jewlery, my last $4000.00 and refuses to give it to me.
They say States don't put up with elder elder abuse, be it Physical, mental or finantial, but I have been trying to get help for months to no advail. My deceased spouse had a Van. (I could have sold it for some relief for me, but because of the DPA it is now in my son's name) I simply cannot afford an attorney. I only survive on SS and it is not enough for my medicines so I have to let them go.
I have a friend sort of like me, but her Son buys her medicines for her and helps her with food and so forth, while mine ignores me.
I feel like quitting and not trying to go on.

My mom has a Will, an Advance Directive, a DNR, and my brother has POA and is the Executor. Both my name and my brother's name has been on mom's checking account for several years as we write checks for bills and needed items for her. She is in an assisted living home and I have been mostly managing her health care issues and such. When she dies, does a court still intervene with her finances? We were told if we have our names on her checking account that we would not need to hire a lawyer when she dies. She has only one checking account, no savings acct, and one CD, no other assets, no house. When my Dad died a lawyer was appointed as he did not have a Living Trust. I am concerned I need a Living Trust written up. Is this the case? Or is a Will, an Advance Directive, a DNR, and my brother as POA and Executor enough to keep it all out of the courts after Mom dies?

I just got durable POA...have had medical POA forever...I had to sell mom's car, and needed POA because she lost the title. The lawyer came to the house, observed that mom was not processing information well, and gave me durable POA, and the lawyer explained it so well to mom, that mom agreed. For mom, it was giving up one more thing -- control over finances. But with a durable POA you can go to the bank with their ss# and do what you want with the bank accounts. She was also writing checks to the grandchildren, so we took out all but $1500 from her primary account, and opened a secondary account so we can transfer funds as needed. she knows she has to have $1500 to cover bills, so she is more careful about giving away money. we also needed poa to have her mail forwarded to our house (she lives with us), as well as changing addresses on other banking services.

I have a General DPOA w/hubby as surrogate for mom & DNR but I seriously HOPE the home WILL abide by that DNR! I hate that place! But anyway, I have the DPOA which has Richard's name in the first paragragh if I'm incompetent, unable to serve, or dead, then Richard takes over.

Call the Elderly abuse in your state to get help from them they will investigate your brother and his girlfiend that hopefully will put a stop to the abuse.

My widowed aunt had a revocable trust drawn up by a scam artist working for a lawyer and spend 5,000 dollars. She had designated my brother and me as administrators. We were worried that she had been scammed and then took her to an attorney. She then had a will drawn up that gave us power of attorney and willed her estate to the children of her three brothers as her lawyer advised rather than to her elderly brothers. Since we are in groups of two, three, and one child, one cousins gets a bigger cut of the pie. Also, since my brother and I care for her, I now think her initial intent may have been to pass her estate to us and now it is divided. Does the Revocable Trust with us as recipients, supercede the will drawn up later? She is very stubborn and a hourder and I can't get anything substantial in help to care for her other than I contacted her doctors to let them know that I want to know if she needs help. I've insisted on going to some appointments, but she makes many unnecessary visits to doctors that I don't even know about. I also check on her and have made some attempt at cleaning out her home, but she has so much paper all over, I'll never find the things I need if something should happen to her.
What do you suggest about the trust and the will? She said she did it because these "lawyers" with the trust told her that my brother and I would have it easier if she died and the estate would not be probated. I'm really confused about the whole mess now. She owns her home, a car, and is on social security.
Please help.
SB

is there an elderabuse dept in your state?
there is this program in some states that is called "lawyer for the day"-(something like that) and what they do is get u connected with the right office dept for your problem, ask for pro bono-
it gives u a place to direct your questions,without feeling so helpless-
im still working on my own problems with my brother-
i send u hugs and good energy-
love k

My brother is my 87 year old mom p.o.a. he only takes her a 100.over for food when he feels like it .I make sure she eats I take her to Dr appts. I get her meds we just moved back about 6 months ago I don't know how she made it she will not sign p.o.a.over to any one else she is afraid of him I am also but she has money and he has control.I've called social services but its hard when she won't change it and I have no money for a attorney I can't get one for free I work which

I had a friend for 33 years, he wanted me to have Medical Power of Attorney for him, but now he lives with someone who has control over him and I don't want to have this MPOA over him and I don't know how to reverse this, I wish he would change this on his own and appoint someone else. Is there something I can do to end it, he tends to procrastinate on everything and I don't want to be responsible for his medical needs any longer.

AnnieIrene, you have a very tough situation with your brothers both having their names on her account. Do you know when this took place. Unfortunately, I gather they are co-owners of the account with rights to survivorship? Even at that, I think they can only legally take out 1/3 of her money each. That you will need a lawyer for. Are thinking of having your mom's SS check and any other income she has diverted over to the new account that you set up. As your mother's POA, you should be able to do that. Well, all I can say about your brothers is the love of money is the root of all evil.

Yes, her doctor has determined her not competent to handle her accounts. My brothers, who live in the same city as her, 1000 miles away from me, placed her in a Sr. Care facility and when that happened, they began the process of renting out her house. It was discovered that she had drawn up a Trust and I was named as the POA and Trustee. She had never told any of us about this document. When my brothers discovered this they turned against me, and have continued to use the debit card on her local account which recieves her SS check and pension check each month. I have traveled to my Mom's city, gone to the Credit Union where are account is, and since my brothers are both listed on her account, they will not remove them at my request, even though I have presented all of the Trust documentation. I hired a property manager and her home is now rented, and i opened a separate trust account at a different bank in her area, for the rent deposits which I use to pay for her care facility and other bills. Now they want access to that rent money and that new account and have hired an attorney who sent me a threatening letter saying I need to hire an attorney. Nice brothers I have huh?

AnnieIrene, if you have durable POA, no, you do not need guardianship. If you are your mother's durable POA, you must block your brothers trying to take her money out of her bank accounts for that is her money not theirs. Has your mother's doctor determined if she is competent to handle her business in a business like manner?

If I am the Power of Attorney, as designated in my Mother's Living Trust documents, Do I also need to obtain guardianship of her? She has been diagnosed with Alzheimer's and now my brothers are trying to take her money out of her bank accounts.

Can you have a durable power of attorney on an irrevocable trust account

My experience was very similar and I believe the root of the problem was when just
one person is named as the POA. I highly recommend co-POA's.
When problems arise, even is there is only 1 POA, the family might consider mediation or hiring a reputable elder-account who can give advice for all. Neither
of these options is cheap but we followed this route after a very difficult time of sibling in-fighting and it has made a great difference.
It is important to remember that family law varies per state so it is critical to inform yourself of the law regarding POA/will/etc. in your own state. All of this is available online or at the local library. Make copies of all that is helpful!

Until he can be declared incompetent to handle his business in a business like manner and you or someone and thus go to court to get guardianship over him, you will have to wait. He sounds like a very mean man. I don't think you would want him living with you.

my dad isin his mid 80's. He wont let anyone know his plans or any final wishes. he lives alone because he is so mean to everyone. we can only visit or talk for short while. Things are worse since Mom passed 2 yrs ago now. I worry n tried to get closer to him, but he started a big fight w/ me & threw me out of his house. He acts like nothing ever happened because of him. If he gets sick, I don't know what to do w/ him. he is a homeowner & keeps up his own bills. I wish I could get him to sell & live here w/ me,but, he is so miserable, life would not be good for anyone dealing w/ him. He is letting the house fall down around him and the rental appartment upstairs remains empty while he lives there because he wants quiet. Also, no one would be able to live near him anyway. When or how can anyone in the family get control over him?

I am having trouble with my brother,who now has control over mom.It used to be shared-then i was told it was changed(the POA's-t he refuses to show me the changed documents.he refers me to his lawyer-a person who I fired as a lawyer for dad, when he passed-I dont trust this person,and he doesnt like me,considering past -mybrother and he are friends- I digress- are these important documents filed anywhere ?iI need to see what is what-mom is still alive- in a nh-moved by my brother to mass.where he lives-howeverhe doesnt spend much timewith her-, i am in ny. anywayhow can I get a look at these papers? i am concernedthat some of what mom wants is being changed -in writing- like when she dies-she always wanted to be cremated-now i hear mybrother is planning to have her buried-next to dad- she isnt dead--and anyone who knows her knows that isnt what she has ever wanted.can u help?or refer me?i may have to hire another lawyer-but it seems so outrageous-that this cannot be worked out- thanks for anyinput k

oh, i do have POA but at this time it has done little good because dad cannot understand what is being said (above comment) He asked that i be POA and also medical durable POA at health care facility..he was released the other day and chose to go home..i did try to get him to stay with me for awhile but he wanted to go home and the doctor says he is competent..he stated to nursing staff i was the most responsible child he had..the staff at health care was also notary,and witnesses to all paperwork done before his release,thanks so much for your help too

same here,i cannot get info because brother refuses to give it to me or allow me on premises to get it from my father. He also makes it difficult for my dad to hear me on phone and understand what i am saying by being right there (he is intimadating my dad?) or having so much background noise as soon as we start to speak it confuses my dad and he cant hear me..this has happened with the bank too,they cannot get him to hear them or understand so they can verify that he does agree to let me handle his finances with him,and that means i cant pay his bills or get info on his account..wont that work against me as his POA in court? that i am not taking care of his responsibilities? but i cant get info needed to do it!! oh,so feel like i am beating my head against brick wall after brick wall,this is adding so much stress to my physical health,which is not good,that my doctor is worried about my health

and how can these things verified if you are being prevented from getting any info on mom?
by brother and their lawyer?

jennyguthary, do you have durable POA? Even if you do not these checks were not signed by him must be looked into by the police.

sammie, it is very nice of you to take care of your ex. From my own experience with my mother and step-dad, I think his daughter should know. My mother gave me durable and medical POA over her and wrote up a living will back in 2002 without telling my step-dad. I've had to use the POA since 2009 and my step-dad does not like me since he was not told. Good luck.

My father is elderly and a widower,he is an alcholic and was recently hospitalized. My brother and his girlfriend have lived on my parents land for free and muuched off them, they both drink and do drugs,(how can i prove it?)not paying anything and taking advantage,i had to care for my mom at hospital and home. they signed their land over to my brother afraid they would lose it because of her medical bills.He is very mean tempered and will not let me in there to help with my dad. Now my dad will be going to a skilled care facility for a while and i am worried about his finaces and care now and when he returns home,they say he is compentent to make his own choices but i think my brother and his girlfriend are cleaning him out..his bank account was way overdrawn last month and has never been,they say its his signature but he does not remember signing them,signatures can be forged..please help,i only want my dad protected and cared for