Looking for some insight on a financial POA delegating tasks such as banking and bill pay to another family member who is NOT named in the legal document.
GranddaughterCG: Imho, they can delegate banking duties. However, make sure that you or the individual in question is a second 'looker' on the account. I had to do this as my own sibling was doing some shady stuff with our mother's bank accounts.
Hello Granddaughter CG! I was really interested in your post and I took a look back into the history of your post. I saw awesome information from October but where are you now? Are you POA? If not, the responsibility isn't yours. Did you apply for legal guardianship? Your LO has you and you have been doing everything! I'm assuming CG means that you have been her caregiver to limitless extent but you can't do anything. If "they" want you to do their job, F them! I'm really sorry you took this burden on yourself with no way to handle it. Either you get guardianship or just let God. We can't be heroes all the time. I know your LO has you. You been fighting this way longer than need be. I'm assuming you care too much and are willing to do anything that could hurt you, don't do anything! If you're not POA let it be. That's what wills are for, The creeps will get their comeuppance! Old term for theyll have helll to pay! Let it go!
Thanks for taking the time to look back - it's sure a long complex story. My grandmothers evil POA stepsons did a sneak attack and moved her out of her facility nearby and across the state. I arrived to visit (as I do 3-4 days a week) and she was missing. When asked they refused to tell myself and other family members where she was and would not provide a phone number to reach her.
Knowing how mentally unstable her POAs are, I took matters into my own hands quickly. I complied all clues I had, drove 2 hours and went on a surveillance mission to find her. Lo and behold I did find her. She was happy to see my mom (who was with me) and I. We visited for 1 hour. My grandmother put her finger to her mouth indicating she did not feel free to speak, and it appeared she could have been drugged, which led me to have concerns over possible chemical restraints. There is a camera in her studio apartment and she has no privacy. POA #1 busts into the room yelling at my mom and I pointing fingers at us telling us to "get out" Meanwhile, my grandmother is able to express she wants us there. I indicate to POA #1 that he has no authority to restrict visitors because it's not explicitly spelled out in the legal document. More words are exchanged with POA and his wife acting like fools when all I was doing was visiting and checking on the well-being of my grandmother whom they were isolating.
POA #1 gets POA #2 on the phone (my dad) who indicates what is the problem if she's just trying to visit. POA #1 quickly gets him off the phone because that is not helping his case. Then he points in our faces again indicating he is going file a restraining order against us. At that point POA #1 instructs the facility to call the police on me. The police arrive and POA #1 thinks he can waive this paper in the air the police will throw us out.... very much not so. Police indicate this is a civil matter and only my grandma or the facility can ask us to leave, not the POA.
POAs are trying to isolate my grandmother into submission, wont provide her with a phone to receive and make calls freely with family as she has done for many years, and she's a prisoner in her studio apartment on camera. Patients in HFAs have rights to visitation with individuals of their choosing, phone access, and a reasonable expectation of privacy.
Since her unstable POAs have this "catch me if you can" attitude, I posed the original question in this thread about POAs delegating tasks (paying bills, writing checks, misc. banking) because that is what they are doing, not to me, but to someone else who is not named in the legal document.
As others have alluded to, you can assign tasks all you want but if the person being assigned the task does not accept it, then you are not progressing. I am in this situation. I am the primary caregiver for my husband whose child (from previous marriage) refused to help me. I am disappointed but what can I do? In your case, I’d advise you to have a backup plan in case other ppl refuse to help.
Just a thought is to compensate him for his time helping unless he is already a beneficiary of your spouses trust ( I don’t know perhaps you already offered this)
Speak with attorney for potential liability issues etc etc...and, clarification on the "who's who " on the accountability scale; lots or potential here for mix up, who told who what, who understood what and what, blame games, feeling " used", reliability issues and on and on and on. Why does the POA not want to do whatever it is they are wanting to delegate is one question I would ask ? Or is the POA have control issues etc etc. Lots and lots to consider here.
Another thought to consider if the poa is being compensated for tasks and then farm out the work to someone else would be unethical unless the poa provides that compensation to the person they delegate tasks to ( I realize this isn’t a concern as hopefully most are honest but there’s some poa who aren’t
Yes, they can. They are, however, still responsible. That means if they appoint someone scammy or unqualified they can be held accountable. The general POA when someone is incompetent, is responsible for good record keeping and can be called into court to account for every penny into and out of the elder's accounts. So they best choose wisely and keep monitoring. In fact a POA can say "I am not fully qualified to do this, so will hire a Licensed Fiduciary to do the bill paying". Such a person gets approximately 100.00 an hour to pay bills, keep records of finances, and etc.
A POA acts FOR the principal and in the manner the principal would act were he or she competent TO act. Any final decisions about sales (if allowed by his/her document) or investments will likely be passed by the general POA. The POA document is written (hopefully) by a good attorney and it will SAY in no uncertain terms exactly what the POA can do.
Create an online access at that bank for your LO and do all banking through that portal. You can send out checks that way, pay individuals with Zelle (or PayPal or Venmo). That's all I ever use. I hardly ever write a physical check or step foot in a bank or drive-up window.
The POA can hire a personal financial manager to handle what the POA does not have time for or becomes temporarily disabled. They cost about $200/ hour. However banking, deposits and bill paying can also be done by using their apps from the comfort of home
Going to the bank for a POA I see no problem with if depositing. Hard to withdrawl if not the POA. Paying Bills are the POs responsibilities. The POA has to sign their signature and add POA to the end of their name. From your first post the POAs are not competent to do their job. I may help as much as I can to make sure things are done. Important papers cannot be signed by anyone but the POA and good records need to be kept.
Thanks for taking the time to look back - it's sure a long complex story. My grandmothers evil POA stepsons did a sneak attack and moved her out of her facility nearby and across the state. I arrived to visit (as I do 3-4 days a week) and she was missing. When asked they refused to tell myself and other family members where she was and would not provide a phone number to reach her.
Knowing how mentally unstable her POAs are, I took matters into my own hands quickly. I complied all clues I had, drove 2 hours and went on a surveillance mission to find her. Lo and behold I did find her. She was happy to see my mom (who was with me) and I. We visited for 1 hour. My grandmother put her finger to her mouth indicating she did not feel free to speak, and it appeared she could have been drugged, which led me to have concerns over possible chemical restraints. There is a camera in her studio apartment and she has no privacy. POA #1 busts into the room yelling at my mom and I pointing fingers at us telling us to "get out" Meanwhile, my grandmother is able to express she wants us there. I indicate to POA #1 that he has no authority to restrict visitors because it's not explicitly spelled out in the legal document. More words are exchanged with POA and his wife acting like fools when all I was doing was visiting and checking on the well-being of my grandmother whom they were isolating.
POA #1 gets POA #2 on the phone (my dad) who indicates what is the problem if she's just trying to visit. POA #1 quickly gets him off the phone because that is not helping his case. Then he points in our faces again indicating he is going file a restraining order against us. At that point POA #1 instructs the facility to call the police on me. The police arrive and POA #1 thinks he can waive this paper in the air the police will throw us out.... very much not so. Police indicate this is a civil matter and only my grandma or the facility can ask us to leave, not the POA.
POAs are trying to isolate my grandmother into submission, wont provide her with a phone to receive and make calls freely with family as she has done for many years, and she's a prisoner in her studio apartment on camera. Patients in HFAs have rights to visitation with individuals of their choosing, phone access, and a reasonable expectation of privacy.
Since her unstable POAs have this "catch me if you can" attitude, I posed the original question in this thread about POAs delegating tasks (paying bills, writing checks, misc. banking) because that is what they are doing, not to me, but to someone else who is not named in the legal document.
"who's who " on the accountability scale; lots or potential here for mix up, who told who what, who understood what and what, blame games, feeling " used", reliability issues and on and on and on.
Why does the POA not want to do whatever it is they are wanting to delegate is one question I would ask ? Or is the POA have control issues etc etc.
Lots and lots to consider here.
In fact a POA can say "I am not fully qualified to do this, so will hire a Licensed Fiduciary to do the bill paying". Such a person gets approximately 100.00 an hour to pay bills, keep records of finances, and etc.
A POA acts FOR the principal and in the manner the principal would act were he or she competent TO act. Any final decisions about sales (if allowed by his/her document) or investments will likely be passed by the general POA.
The POA document is written (hopefully) by a good attorney and it will SAY in no uncertain terms exactly what the POA can do.
However banking, deposits and bill paying can also be done by using their apps from the comfort of home