What to do about a POA who won't communicate with family? - AgingCare.com

What to do about a POA who won't communicate with family?

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I have a dysfunctional family (sister is a nut and married to a nut) and, because of that, my parents appointed their rather new attorney at main POA and their accountant as Financial POA. The only thing my name is on is Medical Care Proxy. It is creating problems for me now that my father has died. My mother has some dementia and is in an Indpt/Assisted Living facility. Her dementia is not bad....she knows what's going on, just repeats herself alot. She has LTC insurance and they recently denied her claim for in- home health care assistants, claiming they weren't "licensned." Meanwhile, they have paid similar claims for other residents at the same facility, using the same aides. I want to file an appeal, and I felt an appeal coming from her POA would hold more weight than submitting it myself. I have contacted attorney several times, both by email and phone (of course, he is always "out of the office.") This has been going on for a month. No replies. I sent to his office all the info he will need to file an appeal; no response. He is getting paid quarterly to "monitor" my deceased father's estate! Now I'm wondering just exactly what he is (or is not) doing. Can I get rid of him? Or am stuck? The financial POA is fine; he does communicate with me when I need his advice. I feel like my parents have put me in a "no power" position because of my sister, and now I am having trouble trying to get my mother help when she needs it. Can I fire the durable power of attorney? If my mother tries to do it, will they say she is not in her right mind because of dementia? I can't consult nutty sister; haven't talked to her since my father died 5 years ago. Thanks in advance for any help.

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What does one do if the PoA will not pay for the 24/7 care that another sibling is giving to a parent with dementia? The caregiver has already gone to the Public Trustee about this; but they said that there is no evidence that the PoA is misusing the actual use of available funds, there is nothing they can do.
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There a growing system called IKOR in the United States, that offers medical and financial advocacy services to seniors and the disabled. I am a Managing Director in Western Pennsylvania. We act as POA using Registered Nurses for health related needs and accounting professionals for day to day routine matters. Our costs are a lot less and Attorney's hourly rates and our systems are far more comprehensive for your needs. Our website ikorglobal. Our office has been the solution for these exact situations so when I saw your question I thought you might want to know more information. I hope this helps.
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Concerning the attorney...are you wanting to just talk to him via the phone or e-mail? Perhaps if you attempted to make an appointment with him...a sit-down, in-person, block of time reserved...you would get further.
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Thank you Boocat. I did not know I could apply for a guardianship for my mother because I thought I couldn't due to the fact she already has a DPOA. I am planning on getting an elder care attorney for myself to help me navigate through this stuff.
Thanks again for your helpful response.
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You can bypass all this if you go to court for guardianship of your mother.......
If the POA is not doing their job. If there is going to be a fight you will need $2,500.00 retainer to start. MAKE SURE you get a Elder Care Attorney for sure.
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Thank you for all the responses. To follow up, I complained to my mother's Financial Power of Attorney that her Durable Power of Attorney (another person) was not responding to me. He replies that he heard from DPOA last week, and that working on the LTC problem for my mother was "next" on his list. I replied to FPOA that it would have been nice if he had also replied to me! I feel like there is no accountability, especially on DPOA's part. I finally get an email from him last night (I'm sure FPOA told him I was mad). I'm thinking maybe I need to get my own elder care law attorney to deal with both of them. I feel like I don't know what they are doing and my mother has enough dementia that they don't bother reporting to her. DPOA said in email that he will "be in the office all day today" to give his full attention to the matter. Fine...where the heck has he been for the past 6 weeks I have been trying to get in touch with him?????
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There are many things that you can do, all dependent upon state law, as Powers of Attorney are state-specific. Here in NY where I practice law, there are mechanisms for compelling an Agent under a Power of Attorney to account for actions, and there are guardianship proceedings to protect an individual from an appointed Agent who may no longer be acting in the principal's best interest. There are also processes for compelling a financial institution or insurance company to accept a properly executed Power of Attorney, but again, the law differs from state to state. Best of luck!
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If the POA is paying all of my mother and father's bills and they are still living, but that are incapable, does that deem me the daughter the right to go to the POA (my sister, whom my father knows has not had any communication with anyone for two years and ask for a financial accounting)? Or, do I have to wait until after she has blown all of my parents money, besides their beautiful home that is sitting empty, and then try to have her share her 1/3 1/3 1/3 (three siblings) with us, with most of it spent?

Advice would help.
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You can't lump every LTC policy together. Policies are different. Coverage is different. Depending on the state, assisted livings have certificates, not licenses. Shame on any attorney for ignoring you. Make an appointment. He might take you more seriously.
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Maybe you could get the POA back when a contract (yearly?) is up. As POA, one should be required to file a monthly report of activity (or lack of). No activity is no reason for no pay, a retainer is a valid fee. A phone conversation with advice or at least a half hour verbal activity check ought to be part of the contractual obligation, but to whom does the POA report? A court? Once you are POA, you should not have to deal with your family any more than the current POA does (or should). You could write a contract that specifies how often you will contact them with a status. Specify that contact is to be made only when necessary or on a defined schedule. Don't let them bully you into submission as has currently happened it seems. Good luck and don't give up. With a silent POA, the NH can get away with anything, and they probably know it.
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