Can I stop my father from being able to enter into financial contracts without an expensive guardianship? I have POA.

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kft4502 Asked August 2022

Can I stop my father from being able to enter into financial contracts without an expensive guardianship? I have POA.

Hello. My father still lives in his own home and my youngest brother lives with him. I am POA, but live over two hours away. My father is running out of money but is a very "soft touch" for door to door sales people and telemarketers. We have had a few near misses recently with dad almost entering into contracts he can't afford AT all. Without going to an attorney for an expensive guardianship, can I stop dad from having any control over his own money at this point? I pay all the bills.

Frauds & Scams Guardianship Long-distance Caregiving Power of Attorney (POA)

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score 0 · Answer 1

kft4502: Do you have Durable Power of Attorney?

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score 3 · Answer 2

You might be surprised at how a video doorbell stops the predators ringing the doorbell.

If your father has a smartphone, put an app on it to prevent incoming calls from callers not in the contact list.
If he has a landline, I think there is some tech you can use to silence the calls.

Set bills to auto pay to reduce the mail and ensure bills are paid.

Monitor, and possibly take, away the credit card if he can't be responsible with it.

Prevention is worth a pound of cure!

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score 1 · Answer 3

Read your POA. Does it say Immediate if so you can take over Dads finances especially if there is some cognitive decline. Springing needs a formal diagnosis by one or two doctors saying Dad is not competent to make informed decisions for it to be effective.

If yours is immediate, freeze his credit. Take his checkbooks and credit cards out of the house.

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score 0 · Answer 4

Create online logins for all his bank accounts and credit cards, so you can see immediately where money is going. If there are already online logins set up, discuss with dad and brother letting you know the passwords too. If your POA is "durable," not "springing," then it already took effect the moment he signed it. You have a legal right to get deeply involved in all of his financial affairs.

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score 1 · Answer 5

If your POA is durable, then it is active upon signing and notarizing. I hope you have that kind. You as POA can act immediately without a declaration of incompetence.
The other POA type is springing, which is active only after the person granting the POA is incapable. I believe but am not certain that this requires an official declaration of incompetence by a doctor or lawyer (please check and verify).

You all are fortunate that your youngest brother is there to inform you of any risky financial situation. Your father really needs your help!

This is the very reason I have POA for my sister, to prevent any further loss of money.
I hope this situation will resolve without more legal help. I hope you have a durable POA! You have my prayers !

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