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Aunt is POA and refuses me a copy of the POA document for my mother. Is this legal in Massachusetts? I’m now caregiver and mom lives with me, some agencies want copy of POA but I can’t get it. Found a bank account in mom's name with withdrawals while she is living with me that she did not do, what can be done?

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There is no good reason why your aunt should refuse to give you a copy of the POA document. If you suspect a bad reason, I’d consider going to a lawyer to send a ‘frightener’ letter. It’s cheaper than starting on guardianship. If she refuses, it would also be a useful bit of justification if you do have to go down the guardianship path.
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problem is I don’t know who the lawyer was who drew it up!
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anonymous912123 Jan 11, 2020
Oh, Oh, perhaps taking her to a new attorney and have a new legal package drawn up...of coarse your mother must be deemed competent.
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If your mother remains competent and wishes you to be her POA, then take her to an attorney and get a new POA. If your mother is already incompetent, then you would need to petition for guardianship.

I advise you to not provide direct care giving without holding at least a co-POA with someone you can work with. Your aunt's refusal to provide a copy of the POA document indicates she is not willing to work with you; therefore, I would either get your mother to name you as POA, petition for guardianship or inform your aunt she needs to take over your mother's care.

Please be aware after your mother is incompetent, the POA can prevent you from having any contact with your mother and doesn't need to provide you with any medical information or status. The POA decides where your mother lives and can just show up one day and move her out.

At this point, I would provide your aunt's contact information to the agencies wanting a copy of the POA document and see if she honors their request.

Please see an elder law attorney ASAP to carefully explore your options.
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Yes, she can, although your mother has a right to have a copy. I would have her call the attorney and request a copy. Also if your mother is competent I would have her consider drawing up a new DPOA.
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worriedinCali Jan 11, 2020
Why have the aunt call and pay for a copy through the attorney? She can make a copy herself....
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When we did Moms POAs only one copy was given. My Mom had it and I had her keep it where I could find it when I needed it. I do think it should be automatic for the POA to be given a legal copy in case the Principle loses the

You said "I’m now caregiver and mom lives with me, some agencies want copy ".

If these agencies need a copy, then u call the Aunt and ask her to send the agency a copy. She should be the one dealing with these agencies. She controls the finances and the medical. She can request that you not receive any info concerning your Mom. She can talk to Drs., you can't unless Mom is capable to sign that u can.

Sorry, being the Caregiver does not put you in total control went there is a POA involved who is not you. If u think Aunt is abusing her POA contact the lawyer who drew it up. Ask for an accting.
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rovana Jan 11, 2020
That really is the problem with accepting responsibility without power.  Avoid it. If aunt has POA, it is all in her lap and if you suspect financial abuse, report to APS.
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My mom has no paperwork in her possession. Even her checking and savings account is my aunts address
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Jada824 Jan 12, 2020
Then your aunt should be handling all the caregiving......there is nothing you can do unless your mom is competent to sign a new POA.


Please learn from my mistakes.....I was the caregiver but sibling had POA & now I’m not even allowed to see or speak to mom.

Is there something going on with you & your aunt that she won’t cooperate?
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She says she doesn’t want to think about money or bills anymore. I want copies of all documents my mom has signed to make sure she is not being taken advantage of. I am the only child left and my dad also just passed away. It was his dying wish to have her sister be POA. She just went along because it was my dads wish. She gets confused sometimes but still questions certain things.
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Reply to Tinarussell66
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Yes it’s legal. She doesn’t have to give you a copy of the POA. Your mom should have a copy. Is your mom still mentally competent? If so, she can revoke the POA and assign a new one.
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