Follow
Share

How do my dad & I find out if my sister has POA or guardianship over parents? She already not take care of parents & has a property in her name.

It would help if you told us more about your parents' situation and why they don't know whether or not they've executed POAs.
Helpful Answer (0)
Reply to GardenArtist
Report

The property in her name - is it your parents' property?  If not, how does it relate to your concern about your sister's potential legal authority to represent your parents?   

And, BTW, not to be critical, but rather as an explanation. People don't "have POA" over someone.   People are authorized by someone to represent them under described circumstances.  There's a big difference.
Helpful Answer (1)
Reply to GardenArtist
Report

Does your Dad have dementia? If not, he can confer POA now on you or on anyone else; that would nullify and other POA he conferred in the past. If he has dementia, and someone else is already handling his bills, and etc. Then that is the person he gave POA to at some point. And if he has dementia, he cannot easily change things. Do you and Dad suspect abuse of his money and his deeds to property? If so call APS and find out how to proceed in checking on his financial well being.
Helpful Answer (0)
Reply to AlvaDeer
Report

What makes the parent think that someone else has POA on them? Is this for health or financial? POA is assigned BY your parents. Do they not remember whether or not they gave POA? If they wish YOU to be POA then they should make out the papers WITH YOU now. And that will immediately null and void any other POA they may have conferred on another.
Helpful Answer (0)
Reply to AlvaDeer
Report

Your parents don’t even need to a lawyer to determine this. A lawyer wouldn’t know and would have no way of knowing if your parents assigned a POA unless the lawyer either drew up the POA or has seen it. Like I asked on one of your other posts, is there a reason your parents wouldn’t remember assigning your sister as their POA?
Helpful Answer (1)
Reply to worriedinCali
Report

Area Agency on Aging, in our state, offers some legal assistance to seniors. Check them out.
Helpful Answer (0)
Reply to LNReason
Report

Geelisa, more info would be helpful: what specifically is going on to make you and your parents think your sister has some sort of legal authority over them? PoA is not possible without your parent's active consent, notarization, witnesses, sometimes an attorney... and even then the PoA is only empowered to act when the parent is mentally or physically incapacitated to act in their own best interests.
Helpful Answer (2)
Reply to Geaton777
Report

Hee Lisa, same answer as in your first post. Contact Legal Aid in your city (Google it) and call them.
Helpful Answer (0)
Reply to Ahmijoy
Report

Your father doesn't know if he gave power of attorney to his own daughter? Also, if she was appointed his guardian, an attorney would have been appointed to represent your folks, so unless your dad is really out of it mentally, I'd think he'd be aware of that proceeding having happened. You certainly should have been notified as well I would think.

Get him to a trust and estate attorney and get his affairs in order. He can rescind any POAs and assign new ones. If she's illegally taken his property, report her to the police for elder abuse.
Helpful Answer (2)
Reply to MJ1929
Report

No one should ever need find out if someone has POA for them. That is because....only YOU can assign someone as your POA. POA is a document that allows someone else to act on your behalf and make decisions for you when you cannot. It doesn’t give the POA power or control over you.

can you tell us why you and your parents don’t know if someone holds POA for your parents? Do they have dementia or something? If they never assigned a POA-which requires having a certain document drawn up (can be done yourself online or through an attorney) and in most cases notarized, than no one has POA.
Helpful Answer (1)
Reply to worriedinCali
Report

Ask a Question

Subscribe to
Our Newsletter