How do I determine if the POA for my mother actually exists and if it was legally obtained? My father handled all the legal documents for my parents. He signed his will and their living AB trust and gave me copies of the documents. My mother never signed anything. My father gave me copies of all their legal documents. I never saw a POA for my mother. If one exists, would it be submitted somewhere? Would my father be able to sign a POA for my mother? Can I formally request a copy of the POA? Would it be legal to have this document created after my father's death? My brother initially told us he was the executor of the estate but after a few years we learned he was not. Then he told us he was the POA for my mother however he kept having my mother sign her name to documents such as tax returns and even stacks of blank checks. It was only after several more years and my protests that last year he signed his name on her check with POA. How can I verify any of this? My mother has documented long standing advanced Alzheimer's.
I am still trying to understand my mother's financial and legal status. She currently resides in a memory facility.
No, your father could not sign a POA for your mother. But it is possible that your mother created a POA, perhaps at the same time as the AB Trust was drawn up, and that she appointed your father to act for her and appointed your brother as a deputy to take over after your father's death. Have you tried asking your brother for sight of it?
A bank account should have been opened naming whomever the trust states is supposed to manage her finances i.e. the named trustee. Accounts normally list this person as the "Trustee for ..." or some similar designation. Banks can not open these type accounts without reviewing trust documents that confirm who is authorized to handle business. In the case of my family, I was background and credit checked before they would open accounts with me as the clearly designated trustee.
A lot of documentation has been reviewed and confirmed by somebody at the bank and facility. Your issue brings up another question - Are you listed as an emergency contact? Communications with a family member listed for any health or financial issues is normally in the best interest of the facility. I would talk to them first, then the bank. No progress - I would find an attorney ASAP.
The memory care facility would have to have a copy of the POA, ask them to show you.
What exactly do you want to do that you can't? Do you live near her?
Talk to a banker, not a teller.
Is your mom being taken care of. That is the most important thing.
Your dad sounds like he knew what to do to provide for and protect her. Have you seen the trust and all the other documents?
Doing this saves a lot of time.
Usually, between a husband and wife they leave to each other. What yours is mine. No need for probate so no Executor. If there is an executor, that person has to file the Will and make beneficiaries and interested parties aware of the filing.