Follow
Share
This question has been closed for answers. Ask a New Question.
Find Care & Housing
I would say No.

Since ur POA is probably in effect because he has a Dementia, I would think you have the ability to stop her. He assigned u POA for a reason. I would talk to the lawyer who drew up the POA to see what ur rights are. For now I would advise the facility that this daughter is not allowed to take Dad out of the facility. That if she tries, to call the police.

The only thing she could do is get guardianship that would override ur POA. Its expensive and she answers to the state.

Make sure Dads bank accounts are secure. Only you and him on the accts. Make them aware that someone else may try to use them or get to them. Make sure you are the only one able to sign. My Uncle was given a number to use under his signature so the bank knew it was him. Make sure ur POA is on file with the bank. A letter from his doctor showing Dad is incompetent may help. Stepsis may try to bring him to the bank to withdraw money. If Dad is able to "show time", the teller may see nothing wrong.
Helpful Answer (5)
Report

If you were chosen POA by someone, and have a well written legal document, and this person is no longer able to make his or her own decisions, then you are in charge of all decisions at this point, you are acting for this person, having been appointed by this person to act for him or her or in a manner you understand to be in his or her own best interests.
Now, the biological daughter, being a blood relative, and if with a close history with the parent, likely can go to court and request guardianship of the parent. That would knock out the POA. You could probably fight this, but wars in court over guardianship often can go into the thousands, up to 10,000.
I agree with Joann. Speak to the Lawyer who drew up the papers for your POA and be ready to speak in court about the closeness of your relationship, the wishes of the elder you serve, and to present meticulous records on everything you are doing in terms of assets in and assets out on a monthly basis, all accounts, and etc. Have separate folders for each bank account and entity paid, and all receipts. If you have access to wills, papers declaring person incompetent, etc, be certain you have copies locked away in very safe keeping.
Helpful Answer (3)
Report
SusanHeart Mar 2021
Wow you are kind with the 10k Alva. My uncle went to court and got concervatorship on my dad under false pretense; stole all my dad’s money while my dad was with me. It cost me over 80k and over 3 years. We have never been able to collect the money back although judgement was in our favor. I ended up just voiding the conservatorship given to my uncle and letting the money go as ultimately I would have never seen the money again as it would go in attorneys fees. My dad is safe now with me. The saddest part of it all is that his brother was only after the money, not really concerned about his brother’s health or care.
(0)
Report
Is the POA document one that's springing or durable (DPOA)?  The former is activated on certain conditions, often DX of dementia; the latter doesn't require specific events to be activated.

The enabling criteria should be stated in the document.  

You need to read the enabling segment of the document very carefully.    You may or may  not have the authority that you think is granted to you.   And if you're uncertain, contact the attorney who prepared the document.
Helpful Answer (2)
Report

Generally, the POA gives you authority to act on someone's behalf in handling their financial matters.

We used my Dad's POA to handle his admission paperwork at the nursing home. He transferred from a hospital.

Do you also have paperwork that addresses making medical or personal care decisions? If he specifically gave someone else the authority to decide where he lives then you are just responsible for handling the bills. Some families divide the work that way, but everyone should know who is responsible for what.

Check the wording on your POA. You should also be able to seek legal advice as POA regarding what decision making he retains and how to best protect his assets.
Helpful Answer (0)
Report

Is there a reason you don't want him to live closer to his bio daughter?
Helpful Answer (1)
Report

Has he been formally declared incompetent? Because if not, he is still in charge whether you have POA or not so if he wants to move with his daughter, he can do that.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter