My mother was living in North Carolina and was brought back to live in Virginia with me and my sister because my father became unable to care for her. She has dementia. My sister and I are listed as her durable power of attorney. Unfortunately I have a brother who is challenging me with transporting my mother back and forth to NC to see our father. Her dementia and heart condition is making it a very bad experience for her. I do not feel it is best to see him in that condition as well as the highway driving since she has an anxiety disorder and does not do well on highways and fast speeds. Can he force my hand? Am I required to give him access to her? He also has taken money from them over the past and had her cosign for a loan. He recently took money out of their account for his personal use although he fibbed and said it was for another reason. His goal is to put my mother in a state facility and take over the house and their remaining assets. This isn't possible based on their asset size but this is his goal. Basically he has no regard for my mother and I'm afraid he will put her in a precarious position because she is unaware of his manipulating disposition. Can I keep him away from her legally? Right now I'm just avoiding his calls.
No point in getting it revoked if no one will accept it. It sounds like there is something faulty with the form. Just get a solicitor to do a new one, and bring it to the house for him to sign.
can i revoke an enduring power of attorney that was made using online forms and signed by a justice of the peace who worked at the hospital when I was really worried about gettings Dads bills paid and new little about the whole business. The forms were downloaded and witnessed also by a social worker at the hospital another nurse and my cousin. Dad is coming home next Tuesday after being in hospital for 8weeks. Having read some things about financial and health enduring power of attorney since this EPOA was done I now wish I could go and have it done properly with a solicitor, I rang the public trustee but she said they wouldnt handle the revoking of a EPOA drawn up this way. She did suggest I hand Dad a letter revoking it and keep a copy.
Is there a way to revoke this EPOA and get a new Solicitor, one done. I was really worried about Dads bills at the time and trusted the social worker and Hospital JP to know how it all worked. The ironical thing is I got a shock when I got to the bank and they wouldnt accept it or pay Dads bills anyway. Until too late for the due date,so my brother in Brisbane had to send up the money to pay before the due date. Finally after much worry the bank finally granted their own POA and I just paid all the bills and reimbursed my brother a couple of days ago. Ironically the Online forms We did at the hospital Administratorere of no use in getting the bills paid on time but now I feel under duress I did this, but now would like to undo it start again and get the papers drawn up legally. would a silicitor be willing to do this. And if I hand Dad a letter revoking the online EPOA will it be accepted as null and void without a lot of legal obstacles.
Hospice, I thought your uncle passed? Do you have another relative in hospice? My understanding is that the documents would have to be read to know which powers are being assigned. Either way, they are null and void at the passing of the person who assigned the power to another. If you are involved in litigation as a result of the conflict of these documents, you need an attorney.I hope you are able to resolve this issue and move on with your life.
The hospital told me the reason they wanted to go for guardianship is so, in placing dad in a facility - which we ended up not doing anyway, was so he couldn't legally leave, that POA just left him in charge if he decided to do so; wasn't quite sure we wanted to put him in that position anyway, but...
Guardianship gives you more control but it's not a fun process. I'd check with an elder law attorney if you aren't sure what you need. Good luck, Carol
I am my mom's dpoa..and because of the frivolous actions that so-called friend of my mom(her-then poa) did to her,I made sure that the attorney who created the document, for my mom to sign as her dpoa,also include a revocation of former poa statement , and record it with the county..
Here in NY, if it is a standard first time DPOA, the forms are available online and there is no need for a lawyer. However, if you are in need of a stronger POA that allows gifting and re-titling of property and accounts, definitely have a lawyer draw it up.
DPOAs should stand for Difficult Process Of Authority in my book. A DPOA can be changed any time. In some states, if the DPOA is changed, they are supposed to notify you if you are the previous DPOA holder. In my mother's case, she changed the DPOA to someone else. I found the document going through the box she told me about from her hospital bed. I presented the newer document to her and told her she needed to depend on the person she had assigned, that I was going home. She did not recall changing the DPOA and summoned her attorney to her bedside to reverse the DPOA back to the original one. An expensive mess. If the DPOA you signed in your younger years was good, perhaps you should leave it alone and not be influenced to put someone else in charge of your life and money. Just a thought.
As A Notary I see many POA's and they all have a prefice ie: Medical POA, Mental Health POA, Durable POA, and they all cover different areas. A POA that is signed by a notary is a legal document. Also, if the document requires only a witness it is also a legal document. If another POA is signed afterwards, as long as the patient is competant and was not coerced the new date and document becomes the legal document and overrides the first. It is better to use forms that requires a Notary so there is not question about who and what are valid witnesses. In addition, most banks have their own forms for financial POA's and are very particular, also known as a Durable POA. And do check w/ your local/state laws. I have never heard of anhyone registering as a POA in AZ so different areas do have different laws. Good luck.
Once you determine which POA is valid after talking to an attorney, you should make every effort to destroy/shred the original and all copies of the documents that are no longer valid. This guidance from my estate attorney also applies to any Will, Trust, Advance Medical Directive that is not valid.
The new POA should clearly state whether or not it revokes previous POAs. When I had a new POA with gifting rider done for my mom, I had my daughter included on it and it specified that it did not revoke the previous POA which was standard and only included me. This was a failsafe in case it was lost and for expedience with institutions that already had the old one on file where there was no need to present the new one. Both are durable, meaning that if my mom develops dementia, the POAs are still valid until her death. I am in NY.
You can certainly have multiple powers of attorney, although it may not be a good idea! It's best to revoke prior powers of attorney when a new one is signed. This is why many banks will not recognize a power of attorney that is more than a few years old: for all they know it has been revoked, replaced, etc.
Some states require registration of a power of attorney, some not. You need to check.
DPOA means "durable power of attorney." "Durable" means that the authority given to the agent in the POA continues to be effective even after the incapacity of the "principal" (i.e., the person who signed the document and is giving powers to someone else: to the "agent").
I agree that each state has certain criteria regarding a person giving their control to another. If the distant relative now has POA, the person giving it has decided to replace you for whatever reasons. Try to work with the new situation and your question may be moot since you are writing under "hospicevsfamily" and apparently you are the caregiver and not family. Hospice is not a long term situation as the person is terminal...
Every STATE or COUNTY has different LAWS so you MUST ALWAYS check with Your village or county clerks office concerning Family Court or Elderly Laws (check with Surrage Court in Your area also)YOU must be registered in Your Villages.County asa a POA~~ Hope this Helps(Been there done that ,, doing it again with In -laws )
Challenging the new POA is costly and difficult. My brother-in-law tricked my mother-in-law into making him POA after she had carefully chosen my husband originally. We had to go to court and have her declared incapacitated in order to invalidate the new POA. It was grueling. We won (and she won as she would have been in very bad hands with my brother in law) but I can't recommend doing this unless it's dire.
I have a Durable Power of Attorney for my Dad. If you look in the wording of the document, most have the wording or similar to: "this DPOA or POA is in place of or replacing a previous DPOA or POA." Something in that regard. Sometimes that can vary State to State. My suggestion is if you can look at the document and it does say this and was signed by a Notary or executed by an attorney, it is, in fact, legal and binding. I have experience in the legal system in two different States and there are various differences. I hope this helps.
and signed by a justice of the peace who worked at the hospital when I was really worried about gettings Dads bills paid and new little about the whole business.
The forms were downloaded and witnessed also by a social worker at the hospital another nurse and my cousin. Dad is coming home next Tuesday after being in hospital for 8weeks. Having read some things about financial and health
enduring power of attorney since this EPOA was done I now wish I could go and have it done properly with a solicitor, I rang the public trustee but she said they
wouldnt handle the revoking of a EPOA drawn up this way.
She did suggest I hand Dad a letter revoking it and keep a copy.
Is there a way to revoke this EPOA and get a new Solicitor, one done.
I was really worried about Dads bills at the time and trusted the social worker and
Hospital JP to know how it all worked. The ironical thing is I got a shock when I got to the bank and they wouldnt accept it or pay Dads bills anyway. Until
too late for the due date,so my brother in Brisbane had to send up the money
to pay before the due date. Finally after much worry the bank finally granted
their own POA and I just paid all the bills and reimbursed my brother a couple of days ago.
Ironically the Online forms We did at the hospital Administratorere of no use in getting the bills paid on time but now I feel under duress I did this, but now would like to undo it start again and get the papers drawn up legally.
would a silicitor be willing to do this. And if I hand Dad a letter revoking the online EPOA will it be accepted as null and void without a lot of legal obstacles.
My understanding is that the documents would have to be read to know which powers are being assigned. Either way, they are null and void at the passing of the person who assigned the power to another. If you are involved in litigation as a result of the conflict of these documents, you need an attorney.I hope you are able to resolve this issue and move on with your life.
Good luck,
Carol
I apologize, and stand corrected.
Some states require registration of a power of attorney, some not. You need to check.
DPOA means "durable power of attorney." "Durable" means that the authority given to the agent in the POA continues to be effective even after the incapacity of the "principal" (i.e., the person who signed the document and is giving powers to someone else: to the "agent").