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

8 Comments

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 attorney with over 25 years of experience in elder law and estate planning. He is the author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets," an annually updated practical guide for the layperson.

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8 Comments

See an Elder Law Attorney - no, we cannot use our parent's money for our personal expenses. :0(

For various reasons, I am very hesitant to agree to become POA proxy for my mother for healthcare. One of the reasons is that my husband and I travel extensively for work and we may not always be available to be involved in her care. She has alienated herself from the rest of the family to the point where she has no relationships anymore. My husband and I are the only ones left who can tolerate her ( in small doses). Do elder law attourneys have the ability to act as POA under these circumstances?