The money is to help pay for assisted living. However, she refuses to show us any of her bank statements so that we can know how long she has left to stay in assisted living and other concerns.
My DPOA said I could buy and sell. I was on my Moms checking account but I don't think a POA has to be. Having the POA gives the person the right to handle the principles finances. You just make sure everything you sign for Mom has POA behind ur name. Moms also said one doctor, her PCP, was all that was needed to diagnose her as being incompetent.
I don't know if it was because I live in a small populated area but my DPOA was never questioned. I was able to go to the bank and ask for a printout of all Moms accounts with the bank. This included her CDs and IRAs. I also was allowed to cash them in. That money was used for her care. I am sure I would have been given any statements I requested but I paid Moms bills and reconciled her statements.
So read the DPOA carefully. If you need doctors' confirmation of a Dementia then get it to make the DPOA effective. I always showed my original but had my cousin shrink it down to 8x11 so I could give the doctors and banking institutions a copy.
I would not do anything until you meet the requirements of the DPOA.
Despite multiple forum members who will tell you otherwise there are plenty of people who have a good, trusting relationship with the person(s) they designate as POA and do not have clauses requiring proof of incapacity (springing POAs) written into their documents. I was able to pay my mom's bills and do her banking after her vision loss simply because it was difficult for her and she was willing to give up those tasks, her mental capacity had nothing to do with it.
If your brother who is POA isn't yet on her bank accounts as POA then the POA isn't implemented. At this point he should be managing all the accounts, bills, bill paying and the meticulous records that go along with that. The powers of the POA depend upon how the document was written by the Attorney who wrote it. Most GOOD POA documents give the powers to handle ALL real propety including the sale of same. Because POA is such a legal fiduciary responsiblity this cannot be taken lightly. There are special procedures. This money cannot be deposited in some melded bank account. And yes is the answer to most POA and the letters. There will need to be a dianosis of TWO MDs, (one should be neuro-psyc) that the person is no longer competent to act in her own behalf. After this diagnosis she should have only a small personal spending account in her own control, and the POA should control all other accounts (as I said, with meticulous record keeping). You should attend now a meeting with an elder law attorney to go over all duties and all obligations as well as all right to act for the Mother. This is paid for by the mother's accounts. So step one: READ THE DOCUMENT Step Two: Make an appointment with elder law attorney A) get letters to attest that the POA is in effect; you will know what documents you need to do this by what the POA says. Step Three: get the POA added to all accounts and notify all entities that the POA is now acting for the financial aspects of the elder's estates. This is time consuming. Make a folder for each bank, each account, each monthly or yearly bill. Step Four: Take all documentations and letters of Powers of Attorney to a realtor and arrange sale of home with deposit to Mother's account with her POA. Wishing you the best. Remember, Mom's estate pays for the Attorney. You need an attorney for all of this, not a Forum with a mess of opinions. Laws vary by state. This is a huge legal responsibility and under Fiduciary law the person acting as a POA is held to the highest legal rules and obligations. Best of luck. I did this and acted as Trustee of Trust for my brother when he was diagnosed. It has a huge learning curve but first thing to know is run things past an attorney so you have it RIGHT. You have my best wishes.
I believe if the durable POA includes sale of property in the list of what the POA may do, the house may be sold without the principal's signature and you do not need statements of incapacity. My husband was able to sell his brother's house to allow brother to continue to private pay in a nursing home before applying for Medicaid. He consulted his brother who agreed to the sale, but brother is fully cognizant and able to make decisions. I believe my husband had to give the original signed POA over to the bank to be scanned and it was returned a few days later. (This was the bank where the mortgage was held.)
I don't know if it was because I live in a small populated area but my DPOA was never questioned. I was able to go to the bank and ask for a printout of all Moms accounts with the bank. This included her CDs and IRAs. I also was allowed to cash them in. That money was used for her care. I am sure I would have been given any statements I requested but I paid Moms bills and reconciled her statements.
So read the DPOA carefully. If you need doctors' confirmation of a Dementia then get it to make the DPOA effective. I always showed my original but had my cousin shrink it down to 8x11 so I could give the doctors and banking institutions a copy.
I would not do anything until you meet the requirements of the DPOA.
The powers of the POA depend upon how the document was written by the Attorney who wrote it. Most GOOD POA documents give the powers to handle ALL real propety including the sale of same. Because POA is such a legal fiduciary responsiblity this cannot be taken lightly. There are special procedures. This money cannot be deposited in some melded bank account.
And yes is the answer to most POA and the letters. There will need to be a dianosis of TWO MDs, (one should be neuro-psyc) that the person is no longer competent to act in her own behalf. After this diagnosis she should have only a small personal spending account in her own control, and the POA should control all other accounts (as I said, with meticulous record keeping).
You should attend now a meeting with an elder law attorney to go over all duties and all obligations as well as all right to act for the Mother. This is paid for by the mother's accounts.
So step one: READ THE DOCUMENT
Step Two: Make an appointment with elder law attorney
A) get letters to attest that the POA is in effect; you will know what documents you need to do this by what the POA says.
Step Three: get the POA added to all accounts and notify all entities that the POA is now acting for the financial aspects of the elder's estates. This is time consuming. Make a folder for each bank, each account, each monthly or yearly bill.
Step Four: Take all documentations and letters of Powers of Attorney to a realtor and arrange sale of home with deposit to Mother's account with her POA.
Wishing you the best.
Remember, Mom's estate pays for the Attorney. You need an attorney for all of this, not a Forum with a mess of opinions. Laws vary by state. This is a huge legal responsibility and under Fiduciary law the person acting as a POA is held to the highest legal rules and obligations.
Best of luck. I did this and acted as Trustee of Trust for my brother when he was diagnosed. It has a huge learning curve but first thing to know is run things past an attorney so you have it RIGHT. You have my best wishes.
https://www.agingcare.com/topics/55/power-of-attorney-poa/articles