How can sibling get durable power of attorney when she was removed from accounts for unauthorized purchases for her benefit? - AgingCare.com

How can sibling get durable power of attorney when she was removed from accounts for unauthorized purchases for her benefit?

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She filed bankruptcy and got dementia aging 87 year old mother's electric account and water account suspended for making hot checks when she was removed from joint bank account for unauthorized purchase for her benefit?

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Do you mean that this person, whom we will call S for Sibling, continued to write checks on a joint bank account after her name had been removed from it? By whom was she removed, and was she aware that she had been?

I think you are also describing that these unauthorised checks were given in payment to electricity and water companies, who rejected them and have now suspended the mother's account? Is the mother still being supplied with electricity and water pending resolution of the problem, though?

You are also asking whether S, who has declared bankruptcy, can legally hold durable power of attorney for her mother. I imagine this will depend on the regulations applicable in the mother's jurisdiction, but very cautiously note that in many jurisdictions bankruptcy and other forms of financial mismanagement often would disqualify a person from being fit to hold DPOA. It certainly merits querying.

But you're actually missing the main point, which is that an 87 year old with dementia sufficiently advanced to make her no longer of sound mind cannot appoint anyone to hold power of attorney for her.

So S's hypothetical DPOA, unless the mother still has mental capacity, cannot be valid.

Does any of this get you any further forward? Would you like to say a little more about what has happened?
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