What does it mean when one has durable POA?


I have all powers in a durable POA for my mother. She has the beginning stages of dementia. Recently my sister, her daughter and husband moved in with her. I have two questions. Can my sister sell my mom's house without my consent? Can my sister's son-in-law sell my mother's car?

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As for the Durable POA, it is in effect. I'm not sure they want to sell the house yet, just concerned they they might want to in the near future or try and change title. They've only been in the home with my mom a month. The SIL did sell my mom's car, but my mom says she agreed to it and has the money for it. My mother allowed them to move in for two reasons, my father died about a month ago and she doesn't want to be left alone, and the dau and SIL's home is in foreclosure. My sister lived with the dau and SIL before my dad died and did not help my mother at all then. My dad had Alhzeimers. Now all of a sudden they all want to move in and take care of her? All three have jobs totaling about $140,000 a year and do not help my mother pay the bills. Of course, I think they should pay my mom rent, etc. Also, since I have become POA in the last month, I have looked at previous bank accounts and credit card statements. In 2011, my sister took about 10,000 in ATM withdrawals. She was the only one with an ATM card on my mom's account, so my mom did not do this. On my mom's credit card, there were at 20,000 in cash advances from 2005 through 2008. I'm pretty sure my mom would not know how to perform this kind of transaction. I suspect my sister because she has past arrest records for these type of shenanagans. The SIL has been arrested for assault. I have recently contacted APS but not sure if they have made a referral. I am still gathering evidence and want to remain anonymous at this point. Not sure what I'm going to do. If push comes to shove, I will probably confront my sister and have her explain the situation to me. If she doesn't want to, then I will tell her she can explain it to the DA.
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No, neither your sister nor can your sister's SIL can sell anything that belongs to your mother!!!!!!! Only you can sell it as the one who has durable POA and if sold by you the money must be used to support your mother.
Many Durable POAs go into effect immediately after being signed and thus do not require a doctor to declare your mother of not being competent to handle her own business in a business like manner. I think you need to check and see if your durable POA is one that is already active for you to use now!

Why did your sister and her family move in with your mother? Are they planning on taking care of her? Why after moving in with her do they want to sell the house (to get the money and leave mom with you?)?
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rocknhardspot1 ,

We have an article written on Durable POA that should help answer what does it mean when one has durable POA.

A durable power of attorney (POA) enables your elderly parent (called the "principal" in the power of attorney document) to appoint an "agent," such as a trusted relative or friend, to handle specific legal and financial responsibilities. Families should prepare this legal document long before someone starts having trouble handling certain aspects of life. (read more...)

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