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Goofy17 Asked September 2020

My friend is being taken care of by her brother and he has POA, but she is still able to think for herself. Can he do this?

When she ask for her for her money, he always makes an excuse and won't give her what she needs. If she wants something to eat he won't give her the money so she can get it. Can he do this? She has been asking for her bank statement and he still denies her.

BurntCaregiver Oct 2020
If she's mentally competent and can communicate his POA should not be active until such time as she is not able to make her own decisions concerning her finances. I had my father's POA. This was done years in advance of him ever becoming incapacitated. I did not run his affairs when he was willing and able. That's not how POA works.

gladimhere Oct 2020
Why does he have POA? What happened to your friend? How old is she? Does she want, is she willing to report brother? Is she afraid of him? Is she a vulnerable person?

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GardenArtist Oct 2020
As JoAnn notes, some POAs don't take effect until certain conditions apply.   Others can be limited to certain activities, such as handling specific financial issues.   These are more rare and used more often for transactions (such as house sale closings) than for caregiving.  

Regardless, his refusal to provide bank statements is an abuse of power, unless he has a valid reason.    However, it seems as though he's overacting, especially in refusing to give her money and possibly providing the necessities she needs.  

Goofy, my first question, though, is how in the world did this start?   Who prepared the document that authorized him to act?   What are the medical conditions she faces?   All these are critical to the kind of proxy (someone appointed to act) that is appropriate to her needs. 

More information on her situation would help, but based on what you've written, he's overstepping boundaries, abusing his power, and is subject to removal.   She would have to create a new POA, and it should be prepared by an attorney so she can discuss how it can meet her specific needs.

If done that way, the previous document would become null and void; that's standard language when a new document replaces an existing one.   The attorney could notify brother in writing and advise that he no longer has any authority to act, as well as demanding that he return documents, funds, etc.

JoAnn29 Oct 2020
She can go to the bank and request a statement. She can also set up an account to review it anytime. She can also go back to the lawyer who drew up the POA and have it revolked and assign someone else. She can ask for an accting. He needs the responsibility of a POA explained.

He cannot keep her away from her SS even if he is set up as payee. He needs to acct for every penny. And its against the law to use someone else's SS for yourself.

funkygrandma59 Oct 2020
The person who is listed as someone's POA can ONLY take over when the person is deemed incompetent. If that's not the case here, than you might have to get an attorney involved. Good luck.
JoAnn29 Oct 2020
From this group I found out there are two kinds of DPOAs. One is immediate coming into effect as soon as its signed, witnessed and notarized. The other is Springing which means it is not effective unless the person has been found incapable of making informed decisions. When I read my nephews POA the financial was immediate. It had been established that he could live on his own, but he needed overseeing when it came to his money.
NeedHelpWithMom Oct 2020
I would question his motives. Seems shady to me. She could speak to an attorney and have his POA revoked.

Mhughes Sep 2020
No, if she’s still able to make her own decisions she has every right to ask for her own money! POA is only used in the event that she can’t. Sounds like something may be going on with her money!

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