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Isosad Asked November 2016

My brother has been given POA for my dad. Must he show this to the rest of family or can we get a copy of it somewhere?

My daughter moved, at the request of her grandfather, from Alabama to Texas to help care and be a companion for her grandfather. My brother, who says he has power of attorney, has given her 3 days to move out. He has also refused to talk to me regarding the medical condition and other issues of dad. My dad also signed to give me title to his car which my daughter is using to drive to work. While my dad was visiting me he requested to see a lawyer to insure I receive 3 pictures, 2 end tables and a corner shelf when he passes. I drew up the document, which also included request that my daughter have authority to sign medical documents in the event my brother was not available. I took my dad to judge's office where they read the document to him. He was questioned if he understood and that this was what he wanted. The document was accepted and notarized. My brother says the document is worthless because he did not approve and that I forced my dad to sign. My brother has sent letters to my daughter, husband and I, rescinding everything my father requested. Can he do this? The letters he sent were not witnessed nor dated, though signed by my father and brother. I know my father would never say things listed on the letters. My father does have slight alzheimers now and is quite frail. I fear that I shall never see my father alive again. He lives alone in his own home and is 600 miles from me.

pamstegma Nov 2016
It would appear brother is DPOA which is financial. Your daughter has only a Health Care Proxy for medical. These are two different things. Your document does not trump his. You did a bad thing by having him sign over the car; sign it back, before you are charged with "elder financial abuse".
Daughter works full time, so who is caring for the elder while she is at work?
Why is she driving his car? Doesn't she have her own car? Does she have a driver's license?
The POA is in charge of finances and assets. Yes he can serve eviction on anyone who suddenly moves in. A caregiver agreement should have been set up first, before moving in. AND NEVER ask the elder to sign over anything; you could be slapped with an Order of Protection.

jeannegibbs Nov 2016
Even if your brother has a valid DPOA, he cannot determine who lives with your Dad. He is on a power trip.

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Isosad Nov 2016
Thank you all. Can I get a copy of DPOA from social services, the doctor or bank? I want to verify that he has DPOA. Would my notarized document trump his DPOA and threatening letters. My daughter has decided she will leave on November 26. She has been threatened and fears my brother will cause greater depression or harm on her grandfather and/or herself.

cwillie Nov 2016
Something else to consider, if dad's health is failing he probably needs a greater level of care than the companionship provided by your daughter. Paying for care is expensive whether it is skilled aides in the home or a care facility, so POA will need to gather all his assets, including any recent gifts of value to you.

freqflyer Nov 2016
Isosad, I am very curious why a Judge was involved? Did I read correctly that your wrote up the legal document and not an attorney?

cwillie Nov 2016
I'm not seeing any elder abuse, but I agree with the rest of Katiekate's advice. POA is on a power trip and is misinformed about his duties.

Katiekate Nov 2016
Get an attorney...right now.
Get that attorney to write a pointed letter ... Strongly imply elder abuse on the part of your brother. He should also deman copies of all notarized documents

This is going to get ugly fast. Get an attorney.

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