Owner has threaten to call the police if I show up to visit my friend on the premises, for trespassing. Can he do this?

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I have Durable Power Of Attorney over a friend of mine who is in a alf facility. One of the owners found that out, when he went to her bank to withdraw money from her account to pay her rent. if so what do I say to the police if she should call?

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Whether or not the facility's owner can refuse you entry to the premises is something you will have to check with a lawyer. I imagine it will depend on the nature of the facility. But as far as I can guess, DPOA would not in itself give you unlimited access to somebody else's property - why should it?

I think there is a question to be asked that I am pretty sure you won't like, but here goes. Why was the owner of your friend's facility having to go to her bank to get her rent paid? Why haven't you paid the rent? Managing her bills is your responsibility. Ask the facility to direct all invoices to you. Try asking nicely. You might get somewhere.

Overall, I am getting a strong impression that you see your DPOA as a badge of special status awarded to you as your friend's Best Friend, when what it actually is is a service that you have undertaken willingly on behalf of your friend. It can be, as Jude points out, an onerous service, and sometimes thankless and tedious. You are, of course, free to resign it at any time.
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In answer to your question Johnny yes he can - anyone can call the police at any time - the real question is will they turn out? Unless he has gained power of attorney over her he can't go and draw money out of her account and if he used her bank card to do so then that is fraud and then me dear YOU CAN CALL THE POLICE.

I think that from other posts you have made yo uare finding this to be a difficult and frustrating process....harsh as this may sound and as rude as this may sound I promise it is not intended disrespectfully at all....get used to it ...for every single thing you attempt to do will be met by closed doors...there won't be one time when you don't have to go back over and over again to get something sorted.

Today it has taken me 5 hours to establish what I needed to do in order for my mom to sell her house. All it actually takes is 3 bits of paper and it is sorted but could they tell me that straight off? Of course not!
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I'm a bit unclear on why the owner threatened you if you visit your friend and how this relates to having a DPOA? I'm also unclear why this owner went directly to a bank to withdraw funds - was there an authorization signed when your friend entered this ALF?

I would think that most ALFs would use contemporary methods and use electronic transfers to pay for ALF facilities rather than go in person.

You also refer to the owner as "he", then inquire what to say if "she" should call. Are you referring to the ALF owner and then your friend?

Something smells fishy here, unless I've completely misunderstood.
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As you are the DPOA & the DPOA is correctly done, they can't refuse you entrance unless you truly pose a threat & that's a pretty high bar to meet. What I'd suggest is that you asap - like today - go and make copies of your DPOA paperwork and send a copy of it with a short cover memo to the facility and send it certified mail with the return registered receipt. Certified & a RRR at USPO will run under $ 10.00. If this AL is part of a chain then also send another copy of the DPOA with a cover letter with the brief details as to what has happened - again sent certified with RRR.

All this above to clearly establish a pecking order on authority with your friend.

Now how is your friend paying for their stay @ the AL? Are you writing a check for it from their account? is payment current with no late fees or other issues? Is there any past due? On the admissions application to the AL, who did it and was the AL provided with your DPOA information, if not, this could be where the problems have all started. If all is good on these fronts, then include these facts in the short memo that accompanies the DPOA copy.

If they are on a Medicaid waiver or Medicaid pending review to pay for their stay, you need to make sure that their co-pay is being paid each month from their income less whatever your state has as their personal needs allowance.

How is your friends banking set up? - if you are DPOA you kinda need to be a signature on the account to best be able to pay for things. You may need to take your friend to the bank to get this set up. If they are in AL, they hopefully are still pretty component & cognitive to be able to do this. You want to go over & over what the bank visit will be like and get them as nice looking as possible as they may need to speak with a bank officer on their own. Oh also get the account to be POD - pay on death to you or whomever will be handling their funeral & burial. You will have to provide the bank your ID and SS # to get this set up, so you too look as nice as possible for the bank visit.

IF the AL owner continues to seem to be involving themselves in their residents finances, well, this facility will never be in your favor. If this AL is part of a chain, getting this to stop should be pretty easy to be done. If this is a single unit, single operator type of AL, that's going to be harder. You may need to find another AL to move them to. If so, try to find one that has a NH that the AL residents can move to when they need a higher level of care. it will make things hopefully somewhat easier as time and needs change. Good luck.
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