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My wife has dual Durable POA of their mother; POA was originated in February of 2011 in Florida. She has dementia and has been in assisted living since December of 2013. Historically Mom had been paying a number of bills the sister incurred since 2011 and before.
One question - what if any withdrawals from Mom accounts for her own personal expenses are permissible if any. Mom still has lucid days and says it's my money and can spend it any way I want to including giving money to her sister. The sister lives in the same town as Mom in Florida. Mom owns the house her sister is living in. Would utility bills, real estate taxes and school taxes on the property be permissible expenditures. The sister lives there rent free.

There is no provision in the POA for removal or appointing of a successor.
Can my wife get out of being POA? Does her fiduciary responsibility begin as of the origination of the POA or on the date of her entrance to an assisted living facility?
I think I know the answer - Get an Attorney, but any guidance would be great.

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understood, I was just responding to your comment
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If the house is in a trust you need proper legal advice. A random internet stranger cannot answer these questions for you.
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Thanks for your reply,
Can you clarify this - Now, since Mom owns the house, she/her PoA is responsible for the taxes on it and basic upkeep, but not the utility bills, since Mom isn't up those utilities, the sister is. So are you saying the the sister is responsible for utility bills but not the taxes and upkeep of the house?

The house in question - it is not an eventual asset once she dies it will be hers per the family trust granting the sister the asset in her life estate for her lifetime.

Yes we are on the verge of getting a point appointed guardian.
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If Mom has dementia to the point of being legally incompetent, then these payments to her sister or in support of her sister must stop. The PoA's job is to manage the grantor's (Mom's) assets in the GRANTOR's best interests, and no one else.

Now, since Mom owns the house, she/her PoA is responsible for the taxes on it and basic upkeep, but not the utility bills, since Mom isn't up those utilities, the sister is. But really, if there is no chance that Mom will ever move back into that house, the PoA needs to decide how best to manage that asset. Which means selling it or renting it at market rates, not letting a relative - or anyone else - live there rent-free.

Does sister not have her own money? What would happen to her if she could no longer live in Mom's house without paying rent?

Your wife can get out of being PoA but if there isn't another trustworthy person to do it, the government will have to take it over, which generally isn't desirable.

Finally, yes, see a lawyer!
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