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


my younger brother and wife took "mom from illinois to florida for christman 2008. i am oldest daughter, i was to pick up mom in jan. after kids went back to school. i never heard from her. when i did call, brother and wife screaming dom't call this number, never call here ...a hole......never call..so i waited for mom to call me. never did. in feb 2009 my oldest son passed. cousin called mike,but i never heard from mom. april, 2009 2nd son died. no call from mom. when cousins or friends called for her in florida, she was never there, at the mall, playing with dogs,( she's 92). to make it short my brother sequestered her almost three years. he sold her house. 105K, empty safety deposit boxes, paid off his houese, bought a resutrant,etc. i found ma is a tennessee welfare patient. she has no teeth, no circulation in legs, incontinent etc. she remembered me. i showed where mike sold her house and spent all her money, a phoney poa nursing home yanked poa out of her hand she wanted to mark it in june so he could not spead any more money. said legal aide will be her tomorrow and she can change then. also she was brought to home 1 day from black pusy sores and broked ribs. nobody reported to police. i went thru all the strings, got family law attny, and my lawyer called owner and said is me and husband come now, can she go home with us. on wed. owner said as long as no courd order to keep he. my brother never visits, i left money fo hair cuts etc. when we got there to tn the next day, we live in dallas lost pay motel money again., he said he had 2 doctors saying she was incompident. he would not show us and said if we took her, he would call police for kidnapping. another month went by, day before court, my brother hired an attny. then finally another month and conservative court came. judge said mike was rotten thief and he will report to tenn care. he left conservership the same because gaurdimad litem said he could not wake her up but she was clean and no bed sores. had pictures on walls, people do care....that was me. he said mike can keep her because now she cannot sign anything anymore. court was on monday, i went to home to see ma and owner called police on me and said i was badgering all his employes to take her home. she is old, but good health, 1 heart pill a week. she needs teeth, hearing aids,arthritis gloves, etc. brother says she does not need it. also mike stole approxametally 250,000, from her estate. she is in a welfare home and i would like her closer to me.judge left mike walk...what happened?

The moment I found out mother had dementia I asked the hospital to help me make out the papers and talk to my mother about POA. With a POA the daughter will be able to control her mothers finances and put her into a nursing home. I take care of my mother's finances and her medical care, I don't care about her money, I just want to help my mother with her medical problems. Sounds like a spoiled child. Hope you win in court.

Since the person granting the POA must sign it, where ever they live is where you hire an attorney.

Can the appointed durable power of attorney live out of state and if so, in what state do you hire the attorney? Thanks for responses.

Thank you, CMagnum. I will try to explain to my father why we need to make some changes. Fortunately, he can still sign his name at this point in time. I don't think he will understand what we are doing. Thank God there is no sibling rivalry (at this point in time).

Is your father competent to revoke the previous POA which sounds like it is a Durable POA? If he is competent, then he can revoke it and sign one written up for you and have a certified letter sent to your sister that she is no longer the POA. At the same time, I'd also have him sign a medical POA. Otherwise if his dementia is too far advanced for him to sign anything, then you will need to go for guardianship.

I have two sisters. I am the one in the middle. My eldest sister moved in with our father to take care of him (Dementia, COPD, etc.) My father designated her as POA. The form is on file with the residing county and I have a certified copy. Since that time my sister has become ill (congestive heart failure and diabetes) and my father now lives with me. How do we transfer the POA to designate me as the agent. Any help would be appreciated. Thank you

Does your wife's daughter not realize that people can have phones in a nursing home? To be blunt, if I may, it sounds like the daughter and niece either have no idea what they are getting into or have a undiagnosed problem! I wish you and the court system well in dealing with them. In my opinion, the judge should throw this out of court because it is stupid.

Thanks for your comments. If this was 2 men it would be callled a pissing contest. She is out to prove she is smarter than I am and with no love for her wants her Mom away so she will not be bothered and will not have to answer her phone calls. She won't answer them now and I have called her on it a couple of times and it has gotten nasty.


I see that you are taking care of your wife. So, it's your wife's daughter who is seeking guardianship for her mother while I gather you have POA for your wife? Well, this is going to be one painful court scene with all of this played out in front of the judge. Guardianship involves the person in question plus some doctors to prove incompetency, but this involves also the dynamic of over riding a pre-existing POA. I don't know what this daughter is really after, but is sounds like she's going to loose a lot by even trying to do this.