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What Is the Difference Between Durable and Springing Power of Attorney?



Who is paying for the nursing home? If your mom is paying for the nursing home, I don't see how she could claim your mother as a dependent on her tax return. What's bringing all of this to the surface now? What's going on?


A POA has no business paying themselves for what they do.

What do you mean by saying she's acting as POA for your mom?

Why have ya'll been waiting five years?

How much money has she been taking out?

If your mother could runs out of money and needs to go on Medicaid, this is going to be a royal mess.

My sister has been POA for my mom for years. Is there any way that I can find out if she has been claiming my mom as a dependent on her own taxes?

My sister has been acting as POA for my mom who barely survived a stroke and has been in a nursing home for 5 years. She has been taking a rather hefty monthly salary, justifying that she deserves it for all she is doing to help care for my mom and deal with the bills, etc. My sisters and I are worried that this has gone on too long. Any suggestions?

my question is if my aunt gives her neice a durable poa, can she just go to the bank even if my aunt has a sound mind and draw all her money out and blow it?

CaptainRick, I don't understand your older brother not letting you see your mother. Do you know where she is? Does he give you any reason for not allowing you to see her. I do not think that as her durable POA that he has the authority to do that. Sometimes we hear this story on this site of a sibling who has POA telling another sibling that they cannot see their parent.

The only thing that I am aware of that you can file is for guardianship for your mother, but she must already be declared incompetent by a doctor and the cost of going to court for this is $5,000.

MY older brother has Durable Power of Attorney for my 84 yr old mother with dementia. She is under medication and is loosing memory. Still she loves me and wants to see me. But my brother forbids me to see her. He wants to keep control over her. I think she still has some metal capacity. Can a judge revoke the DPA, what would I have to file?

Patsyc, yes your sister needs to provide a copy of the POA. Durable POAs are normally filed with the register of deeds in the county where the person lives. Very often, you can look up such a document online. It would be listed under your mother's name. If not, you can go by the register of deeds and ask for a copy.

Also, the transferring of funds from your mother's account to hers is not legal and should be reported.

How did she manage to place your mother in a nursing home without a doctor saying that she needs to be there? What are your mother's health problems and how old is she?

Is your sister planning on selling your mother's home to help pay for the nursing home? That is the only reason I can think of for the eviction notice. How old is her niece and does she have a job?

If you think that your sister is misusing her POA, then you need to consult a lawyer about what to do.

My sister has dopa and has pit my mother in a nursing home knowing she did not want that , my niece has lived with my mother almost all her life and still lives in her home . The wicked witch showed up with six police officer gave her a piece of paper stating she has 14 days to get out and she is cutting off all utilities,my mother loves this young lady and would not approve! She is making online transfer on moms checking act and draining her bank act! And will not send me a copy of her so called dopa ! I am sick about my mother being put in that place and feel helpless to help her ! Doesn't she have to provide a copy of this poa to me ?She is my mother also!


My sister revoked all of her responsibilities as POA over a year ago, then my Mother designated me as POA for healthcare. However, my Mother favors my sister, even though my sister doesn't want to take care of her, but just do the "fun stuff," like going on vacation. My sister does not communicate with me properly if she does take her somewhere, and I told her not to take her to doctor appts. if she is not going to communicate with me. Also, she has not followed my instructions, for example, getting the doctor's office to fax the report for the visit to her primary doctor, and to get a confirmation that the primary doctor received it.

I didn't have anyone to take my Mother to the doctor tomorrow, and then my Mother said that my sister might "drop her off" at the doctor's office. I said that she is not allowed to take her to the doctor, because she does not follow instructions, and that I was going to text my sister (if I call her, she usually hangs up on me), "Don't dare to take Mom to the doctor tomorrow!" My Mother hung up on me. I texted my sister, and she texted me back, "Get off your trip and quit ordering me around." I have been telling my Mother that I need her cooperation in order to take care of her, but she always puts me on the back burner when it comes to my sister. I'm thinking about revoking my responsibilites as POA for healthcare, because my sister actually more power than I do, even though she doesn't want to take care of her.