Can I be named as my parent's POA without my knowledge or consent? - AgingCare.com

Can I be named as my parent's POA without my knowledge or consent?

Follow
Share

I do not want to be involved in their financial schemes or scams. The most recent being that she, (mother) wants my husband to sign a form for my Dad's Medicaid trust stating that he, my husband provides lawn care services for her for X amount of dollars a month when actually all he does is drive her grandson up to her place and the grandson does the actually mowing. She also insists on making out the checks in my husbands name instead of to the grandchild doing the mowing or paying the young man cash,

This question has been closed for answers. Ask a New Question.
20

Answers

Show:
As a related bit of information...you can be *removed* as Power of Attorney POA without notifying you; it happened to me. The documents said they had to notify me but the attorney and my mother did not notify me about the change. I found out when my mother summoned me to deal with a huge mess she had. After I explained that she had appointed her ditzy sister as POA and I was unable to help her, she changed her mind and reinstated me as POA. So POA assignment is sort of a nightmare of responsibilities and emotions subject to change without notice. I would think you need to insist someone else assume all the responsibilities, someone who will get paid for their services.
Helpful Answer (1)
Report

You can be named as the POA without your knowledge. Being named does not compel you to act. It wouldn't bother me if my scheming mom wrote a lawncutting check to my husband instead of my son. If it amounted to more than $500 a year? I would refuse to cash them and tell my son to either cut their lawn as a GIFT or stop cutting.
Helpful Answer (0)
Report

A couple of years ago my mother told me that she has my sister and me as her POA. I asked if I was supposed to sign something, she said not now, only when it needs to go into effect. I wasn't sure if that was true or not. She never showed the papers to me, I don't know what they say, I don't have a copy and never signed anything. My sister and I are also her Healthcare proxy. I have a copy of that document from the lawyer.
Helpful Answer (0)
Report

I am my Dad's POA as well, I didn't have to sign any papers either.
Helpful Answer (0)
Report

Army: Signing and notarizing is required in the state of Massachusetts. Just had to do it my mother.
Helpful Answer (0)
Report

The answer is no. The POA doc has to be notarized. You must be present for the notary public to complete the process.
Helpful Answer (1)
Report

I live in Massachusetts and I have a DPOA, signed and notarized, which has come in handy as I have had to give copies both of that and the health care proxy to the nursing home, plus to any ins. companies or other financial institutions of questions to which I needed answers. In the case with the NH, at least I'd learn then that I was named as POA as I would be contacted and discover it. I agree with Malloryg8r on the certified letter and having that documentation for yourself should you need it. Great idea. When it comes to Medicaid or any financials, documentation will give you some relief of the stress dealing with your own situation.
Helpful Answer (0)
Report

Florida doesn't require a signature or notification for either POA or trusteeship. After our father died, my brothers and I came across papers naming all of us as trustees, but only the boys as POA (all three of them). My mother with dementia doesn't remember any of this.
Helpful Answer (0)
Report

I think the issue may be Medicaid seeing the checks written out to poster's husband as gifts and incur a penalty. MIL may be writing checks to husband as adult as a person who can have a legitimate contract. The problem may arise if the amount ends up on taxing authorities radar as income you have not declared and paid taxes on. Trusts file annual paperwork. Amounts over $600 have paperwork to file with IRS. People weave the web for Medicaid and then have to make it work. Sit down and make sure they did not involve him anyway!
Helpful Answer (0)
Report

I don't get why the example given is a "scam." If she hired a lawn service, she would pay the business, not the guys actually doing the work. I hope the husband is paying the grandson, but that doesn't seem to be the issue.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions