Since it's a legal document, I think it's best to have an attorney draw a new one up. I've read on here that there are internet forms you can print out and have notarized, but you need to be sure they are legal in your state. Once you have a new POA ,get multiples with original signatures to give out to various financial institutions etc. Your mother is mentally competent as far as understanding what she's signing? If not you'll need to take a different route. Wish you the best!
Yesah.....get an attorney involved. A POA can be revoked at any time by the giver. It all expires at the death of the giver. On the other hand, a Revocable Living Trust transcends death.
The latest legal POA takes precedence over previous ones. Now, I will play the devil's advocate. No need to answer but things for you to ponder. Why does your mother NEED to change POA? Is it misuse of funds or that you disagree with how your sister is handling matters? Your mother shouldn't need a POA unless she is incompetent. Your mother signed the POA for your sister while competent so there must be a reason she chose her. Is it possible to discuss the issues surrounding the need for a new POA with your sister? And last, there are POA's that only come into effect when the person becomes incapacitated or incompetent.
Most of them are in the mornings so I hope you can get him this afternoon. I hope something terrible hasn't happened since you last checked in....I thought it was going to be okay to leave sister as financial POA......I hope you can get everything worked out. Good luck!
That's what I'm afraid of. I'm wondering if we should print one off line and get it notarized in the meantime? I have a friend who is a notary that will come to my home.
She wants her money back as my sister does not give her any money, does not show her statements, my mother to her knowledge said she did not sign POA and my sister is throwing around her POA by going to my mother's employer and doctor and whoever else she deems necessary to bash our personal life to everyone that she can. My mother is 81 years old, soon to be 82 and still works and gets no money and it's her money....
Where would you find that information and exactly what do you mean by legal? My sister has never provided a document that says she is POA to my mother or I for that matter.
How does your sister pay your mother's bills? If they are being sent to sister how did she arrange that? My husband and I have had POA for his mother for a few years but it was only a year ago last Nov. that we moved her closer to us and started doing anything of financial matters for her. She has dementia but even now when we have to do things, the entity we are dealing with wants to speak with her. For instance about a month ago we really needed to lower the credit limit on her Visa. Even after explaining to the woman what needed done, she still insisted on speaking with mil. The only problem we don't have is with the bank...we are on all of her accounts. I pay her bills online, but otherwise she can write checks to her little heart's content. Sounds to me like sis has got some extra income off your Mom. Call the bank and have them give your mom a printout of all activity on her accounts for the past year. She is entitled to one even with your sister's name on it. Your mother would have had to sign a POA and also have a witness sign. Sounds like sis is pulling a fast one.......let us know how things work out.
My sister pays her bills. However, my sister is having my mother's mail forwarded to her home when my mother adamantly told my sister that she wanted her mail to come to our home. My sister has also threatned to turn in our mail carrier since he would not tell my sister how much mail was being delivered to our address for my mother. The mail carrier is a federal employee and my sister has no right to any information about anyone's mail. This is how low she has gone to get back at me. My mother knows nothing. Can I take my mom to the bank even if she does not know her checking account numbers to get statements? My mom has no way other than my sister to get money. My sister instructed my mother's employer to direct deposit my mother's pay into the account. Would she have had to shown the employer she had POA to do that? I would think so. As I stated, she has not shown any documentation showing she has that authority. I think I will have to ask my mom's boss about that? Yep, that's what I'll do to see if they got some kind of proof of POA. If not, they can now give my mother a regular paycheck instead of direct deposit.
A valid ID and SS # will give her access to bank accounts. Have your mother tell her boss that she wants her paychecks handed to her and that she wants NO financial info provided to your sister.
Your Mother should open a new bank account. When employers direct deposit a check all they require is a canceled check attached to the direct deposit form so they know what account to deposit to. This can be changed at any time by filling out a new form with her employer and attaching a canceled check (an account card from the bank would also probably work). Also go back to your lawyer and work on getting her money back and setting up a durable POA.
That is what we want to do is set up a DPOA. I'm hoping my uncle will agree to this temporarily to stop all the family disputes and risk to my mother's health. This way it leaves me out of it right now and my sister will probably not fight my uncle but she would fight me. Since my mom doesn't have access to her money, I have to pay the attorney and I'm not very equipped to do that. Can my mom go to the bank and withdraw her money or could my sister have put something on there saying mom could not withdraw anything with notifying my sister first? I'm not sure if there is such a thing but you never know what a person so full of hate and greed will do.
I remember you saying your mother, your sister and you were all on this account together. Therefore your mother is entitled to ALL information, as well as you. If this was mom's account to begin with, go to bank, close account and open another one. Then have mom tell employer that ALL paychecks are to be given to her or deposited into new account. Go to post office and put in change of address if needed. What types of bills does mom have? If it is utilities, call them and give them the change of address, does mom have credit card bills? If so she should have the cards, call them and tell them to send bills to her and only her and no other information is to be given out. It is illegal for any entity to give out information without that person's permission. If sister doesn't have a legal POA she could be charged with fraud and/or theft. Call the bank and ask them what kind of paperwork they have on file proving only your sister gets mom's information. You MUST be firm and do not let anyone "sidespeak" around you. Is it possible sister has a friend at the bank who has done all this paper shuffling? Why did the attorney and your mother allow sister to keep financial POA when you last spoke with him? There was a reason for that. Looks like you are going to have your hands full. If your mother is willing stop all this nonsense, it just takes her say so.
Mom is torn between the two daughters. But after sister went to her employer and then filed charges against my husband I think mom now realizes what she needs to do. She trusts her brother and so do I and that will alleviate all the troubles right now I believe. Yes we were all on the account but after my sister accused me of taking the money she opened all new ones. From that point on, my mother has seen nothing and did not know her mail was being sent to sister. I am going to post office immediately after work for change of address card. Still haven't heard from attorney though. I wish he would call....
These account numbers would be on 2010 taxes only since the new account my sister opened was in March of 2010. Mom has no mac card, checks, deposit slips, statements, nothing because my sister is afraid I will steal the money from the accounts.
Where is mom and who is taking care of her? And where does the uncle fit into all this? Your sister is holding your mother and you prisoner....stand up to her and tell her that you will no longer standby and let her terrorize either one of you. If you are taking care of mom then how are you doing that if sister has all the funds? Apparently if mom is still able to be employed, she can make her own decisions. There is nothing your sister can do to you legally or otherwise, so tell her to stop. After you get legal POA it won't matter what she tries to pull, but you really need to stop letting her be a big bully.
Mom lives with me in my home. She has her own apartment on the second floor and my husband, my daughter and I take care of her 365 days a year, 24 hours a day. The reason all this started two weeks ago was because our friend repaired my mom's furnace which was broke. My mom always pays for her own repairs to her apartment since she pays no rent. My brother in law and sister accused me of taking the $100 for the furnace to be repaired and called me a thief and said my 16 year old daughter stole my mom's stomach pills. That lead to us telling them to stay off our property, which in turn my brother in law tried to force his way to which my husband shoved him out the door and he fell down the steps. So now on top of all this other stuff we now have to appear before the magistrate for simple assault and harrassment for staying in our own home. How ridiculous is our legal system? It's our home and we told him to stay off our property.
what kind of charges were filed against your husband? Did it have to do with this? I think there is a lot more going on here than the obvious. You cannot just close an account and open another one and have someone's paycheck deposited. If that's the case then I will open an account in the President's name and have his money deposited there.
Simple assault and harrassment for protecting his home that he told my sister and her husband they were not welcome in anymore. My brother in law thought since it was my mom's apartment he was still permitted to come in. It is my home and we said no way are you ever allowed in here again and he just tried to bully his way in. My sister has been threatening me for a year to put me in jail and I thought she could so I never stood up to her. Well I'm done backing down since now it affecting my family and my mother's health.
Your husband was defending his home and self.....I take it you have an attorney for this? How can your mother pay for her own repairs when sister has had all the money? Does the repairman have his money or did sister not pay him?
There has to be a reason to put someone in jail......has sister been such a bully to you your whole life? Have a talk with mom and explain what needs to be done and then get it done. Ignore sister.....she talks big, but I bet if you stand up to her she will back down pretty fast.
I agree with you. My husband was doing so and protecting my mother so she didn't have to go outside at night to get her keys. My husband waited in the doorway and asked for the keys. I guess we have to get a public defender as we just had to file bankruptcy to keep our house because my husband was ill for a year and a half. Sister did pay repairmna after brother in law questioned if the work was actually done. He told the repairman not to tell us he asked if the work was done and then accused us of trying to steal the $100.00. Mother can't pay anything as she has no money other than the pittance my sister allows her to have when she feels like it.
I did talk to mom this morning and mom is going to sign new POA and take everything away from my sister. My sister was never like this to me. We were best friends. That is until my husband got ill for a year and a half and we were not getting full income and I borrowed $10,000 from my mom for bills that I could not keep up with while he was ill.
My brother in law told me I should pay for the repairs to my mom's apartment since it is my house. I told him, you pay me full rent for her living here and I will pay for those repairs. They think because they control my mother's finances and pills that I need to do everything they say. That was not the agreement my mom and dad made when they moved in with me. They live rent free until recently, she now pays $200 per month but I still pay for mom's cable, phone, water, trash and sewage and buy most of the food she eats and drive her back and forth to work 3 times a week as well as do her laundry now. My sister does nothing.
On the other hand, a Revocable Living Trust transcends death.