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There are many types of powers that can be written up to allow for very broad or very limited control.
For instance George is 18 and joining the military, he gives his mom Power of Attorney to handle his bills, bank accounts etc for him while he is overseas at war. Mom is only to use it to do what he would do if he were home. Generally mom has a good idea what her son wants done and an informal list of things she is to pay, purchase, etc. This is done with the knowledge that the power of attorney will not be used while George is home. It's usually written up that way.
James is 65 and has been diagnosed with the very first hints of cancer and suspicion of minor cognitive issues. James makes sure his will is in order, sets up a medical power of attorney, living will etc and assigns power of attorney to his adult daughter and also chooses someone to oversea the settling of his estate when he passes. He does so to make sure that his wishes and obligations are carried out when he is unable to do so. James is then diagnosed with mild cognitive decline which rapidly slides into severe cognitive decline and is no longer legally able to take care of his finances, remember his obligations etc. His daughter is supposed to use her power of attorney to do what James would have done before he became unable to think clearly. So if James always paid his electric bill on time but now says to her "don't pay that bill ever again", it is his daughters obligation to pay the bill even though James doesn't now want her to do so. See?
I realize that's rather oversimplified but the proper use of a power of attorney is basically to do what the person granting it would have wanted.
Please see a lawyer (in your state) and do not rely on opinions here.
We all hope to be in a position where we don’t lose our faculties..., but if I do, I sure hope my POA would only act in my best interest (which hopefully would also be what I want).
It is terrifying to think otherwise.
Why do you ask?
The POA my brother & I have over our mother is very broad, giving us legal authority over all her business. She has dementia, will soon be going on Medicaid, & we have had to do MANY things she didn’t want us to do. She didn’t want us to get rid of the stuff in her house when she went in the nursing home, didn’t want us to sell her car or scrap her van. Can’t you just see a small room in the nursing home with 2 large totes of shoes, 2 totes of purses, 100 dolls, and how is she even going to get on Medicaid owning 2 vehicles?!?! We signed a statement that all dealings would be to the BENEFIT of our mother, NOT for our personal gain.
With Guardianship I have been able to care for my parents, and make sure they are safe and well cared for.
Like some of the others have said; Go see an attorney and explain your situation. You will be told what you need to do to start the ball rolling.
Even with a general power of attorney with broad powers an agent can't generally (1) change a principal’s will (2).Make decisions on behalf of the principal after their death. (3) Change or transfer POA to someone else. (4) choose another agent.
Also, your state law may limit what can be done,
When in doubt (1) be conservative in interpreting the rights of the agent and (2) talk with a lawyer
I have an immediate for my disabled nephew for financial. He is not good with money, so I oversee it. My Moms was a Springing which I took over when her Dementia got worse. In hers, it was listed what I could and could not do.
If the person still is cognitive, can make their own decisions, then the POA has no authority in a Springing POA. So no, the POA cannot do something the principle does not want. If incognitant, the POA can only do what the POA stipulates they can do in the paperwork. Anything else can be questioned.
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