Why does the attorney restrict selling or liquidation of securities?

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H

helppoa Asked November 2014

Why does the attorney restrict selling or liquidation of securities?

I'm POA in effect for a person who is in early stage of dementia. The person with dementia wants to sell her stocks or liquidate her investments.
but the financial manager and securities broker is not cooperative to comply with her request because her attorney advised them to hold any transaction by
the person with dementia. I as POA in effect requested them to liquidate investments on behalf of the principal. Need to know why she cannot sell stocks

Elder Law

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score 0 · Answer 1

Are there margin calls on the account? I didn't see that mentioned.

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score 0 · Answer 2

Margin calls on the account.

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score 1 · Answer 3

First question is, is this necessary? This is a bad time of year to sell stocks, most are in a low cycle. If she does not need the funds, don't do it. Work out a financial plan with the account manager. A good plan will be approved by the attorney, as long as it benefits the client.

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score 2 · Answer 4

My guess is that you'd have to talk to the attorney who is advising the broker on her behalf. Have you had POA since before she had dementia? Was she deemed competent to give it? Is her attorney aware of this POA?

It is my understanding that some financial institutions require more than simply being presented with a copy of POA to make transactions that involve large amounts of money.

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Why does the attorney restrict selling or liquidation of securities?

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