Okay, here's a few questions for thoses who say don't have your name in any accounts. How are you suspose to write checks to pay for the principles expenses? And, if you end up using your own money to pay for somethings- how do you get reimbursed? My moms DPOA document says I may take payment for my duties as her DPOA, who would write me a check? If there is a third party involved to write checks to me - what's the point of me being POA and not them in the first place?
The POA must always act in the interest of the person granting POA. A POA should never put their name on accounts or pay themselves. Look up "conflict of interest"
Kimberley, If you simply disagree with what the POA is doing with your mom's finances, that doesn't mean that the POA is acting illegally. I'm not sure where the answer about "beneficiaries" comes from. Your mom's POA is not responsible to anyone except your mom--to act as your mom would have done had she been able. It doesn't matter if the POA spends up all Mom's money, leaving nothing for you, as long as the money is spent as Mom wanted. It is also acceptable for the POA to pay himself, but only if he is providing something of value to Mom equal to what he is being paid for. For example, the POA owns an apartment where Mom lives and receives rent from her the same as he would charge any tenant. But he doesn't have the right to deed her house over to him just because he wants it or to clean out her financial accounts without being able to show that the money was used for her benefit or as she wanted.
I was my mothers DPOA and now am the executor for her will. It is my understanding that a POA is allowed to pay themselves IF it is written into the POA agreement. In my case it was but I chose not to take payment because I really didn't need the money but mainly because it would have cause bad blood between me and my brother. I also had my name on one of moms checking account and a savings account for ease in paying bills and moving money when necessary. I am very careful in keeping notes on any money spent. As executor I am now glad I have my names on those accounts as we move towards probate - I have been able to pay all post death expenses using my mothers money rather than my own - we are well over several thousands of dollars at this point and I will need money for court costs, accountant fees, and possibly even obtaining a bond - all required for executing moms will. But when it comes to POA the responsiblity is to act in the principals best intrest and to the extent possible, make decisions that would be as if the person were making them themselves. In looking back at it all I believe that's why my mother chose me rather than my brother - her favorite child. Mom knew she could trust me completely to act in her best intrest and make decisions that allowed her to live as she wanted for as long as she could.
My name is on Mom's checking account but every penny that is used from that account must have a receipt because Social Security audits where the money is going, I assume they audit to see if her money is being used for her needs. I use it for groceries, paying bills, air conditioning repair, etc. Her old coffee pot bit the dust a few days ago (she likes coffee), I got the receipt!
JohnnyJ - it was my habit as well to keep my second - my brother - informed. At first I told him about every little detail but he really didn't want that so I kept good notes and we talked about the big stuff. Whenever my brother asked about anything I shared openly, with the exception of actual account numbers and passwords- figuring it was safest for everyone to only have one person with access - if anything was amiss - it could only be me. I keep everything in two large hang-file boxes along with a notebook that does have account numbers and passwords, along with activity notes. That way if anything happened to me all hubby would have to do is give my brother the two boxes and the notebook and brother would have everything he needed to take over. My philosophy extended to an occassion when my brother wanted to see my mothers will several months before she passed. Since I didn't want our other brother to get wind of it and think we were up to no-good - I invited them both to my house and we had a pre-will reading. It felt kinda creepy to me but it kept my brother happy. Here's the thing, in my opinion - things can much more easily get hostile with sibling - when one is POA or executor, when that sibling gets all secretive and/or power hungry. My middle brother and I have NEVER gotten along yet in the past six years we have put our differences aside and worked together in our parents best interest. Sure - he's lost it with me a few times - little sis having the authority rubbed him the wrong way because he is sooo much smarter - but our arguments were always about level of care - never the money. I honestly believe this is because I have been completely open and accountable to him any time he made an inquiry. I have no secrets and neither did our parents. In my humble opinion it's the only way to go. If my parents had asked me to keep information from my brothers I do not think I would have accepted either role of DPOA or executor and the tremendous responsibility that comes with the jobs.
It's easy to say what a POA is supposed to do. The question is how the POA is held accountable. In other words, what if they don't do what they are supposed to. The place to start if you believe a POA is not acting in the person's best interest would be to consult with an attorney, preferably the attorney who represents the party whose interests are being violated--that might be the attorney who prepared the POA document. For free advice, you might consult with someone at your local Council on Aging or any agency that investigates elder abuse. A POA who violates the trust of the person they represent is acting illegally. If their action rises to a criminal level, the County Prosecutor would press charges, so you could start by calling that office. They might refer you to another agency or advise you to press civil charges.
Some of these questions may be addressed in the POA document. My POA for my mom prohibits payment for acting as POA, but allows for the reimbursement of expenses. The document may state any requirements for reporting to a third party. It may also state that financial information should be kept private. It should spell out what specific acts are allowed by the POA. You may want to request a copy of the POA to see if it answers your questions.
I am JTOWROS on my dad's checking account, but I have my own checking account as well as a joint account with my husband. They all are used by me, for various expenses depending on whose expense it is. I'm dad's poa as well as my husband poa (we aren't unwell, just got it done early rather than be without). Nobody at the bank has any trouble with me being on 3 accounts nor did the lawyers say anything about it being illegal to have a joint account. I havent 'paid' myself for time doing things for dad, but some day if it got to be more significant time and if he wanted to pay me, I don't see how it would matter, who exactly wrote the check, as long as time was documented. Like what if dad needed to go to ER which is 20 mins away and the whole ordeal took 10 hours, in the middle of the night?
It is also acceptable for the POA to pay himself, but only if he is providing something of value to Mom equal to what he is being paid for. For example, the POA owns an apartment where Mom lives and receives rent from her the same as he would charge any tenant. But he doesn't have the right to deed her house over to him just because he wants it or to clean out her financial accounts without being able to show that the money was used for her benefit or as she wanted.
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