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my sister has poa of my mother who did not read what it included and did not get a copy of it, and i also found out that her will and trust was done by her husband and my mother had copies of those at one time but since my sister has put her into a assisted living home against my moms wishes have disappeared from her home so my question is do i have a legal right to these documents and how can i get them from her because i have asked her several times and still haven't received them.

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dargar, I don't understand your question. The original post is 4 years old. It generated a couple of pages of responses. Then about 2 years ago someone added a similar question, and that got several responses. Yours is the first new comment in two years.

Are you having trouble seeing the 3 pages of responses? The site has recently changed to a very large font. On some devices you may have to scroll to see responses. Or have I misunderstood your question?

Having participated on this site for several years, I can absolutely assure you it is not a click-bait!
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Ducker, Dargar, a troll by any name is still a troll???
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4 years ago.
Asked by ducker FOUR YEARS AGO.
So very strange that ducker would come back ONE HOUR AGO making accusations about the forum being a click/bait site???????

TROLL
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Where are the follow up comments. Is this just another click bait site?
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Alwaysbusy, that doesnt make sense because you cant rush the 5 year look back even if your sister bought real estate. You cant make money disappear fast to get into a nursing home. At least in our State, they will put a lein on your Moms house if she has one. And, if she bought anything in her name or for her with your Moms money, thats illegal. I would get my own lawyer and he will tell you if its worth persuing, also the IRS as she has to pay 30% in taxes on any income, but the income isnt even hers. This is a big legal mess.
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My evil-x-sister fooled us! Acted like she was a loving sister until she and her husband put their evilist plot into play! Used power of attorney to rip off the entire family! Stole my mom's life savings! Learned 2 years ago she drained my mom's accounts to buy herself a wealth of real estate while qualifying my mom for medicaid. Does anyone know how to get this story out and warn people this can happen. This happened in Florida. POA drained moms accts, bought real estate to make the money disappear fast so she'd get sent to a state run facility paid by tax payers. Lawyer who helped with this fraud remarks, it wasn't free, she had to pay $35.00 a month. Excuse me, you that I can't put it in writing at least not on this site what I want to tell that attorney! Greatest way I discovered the fraud. If you like ghost stories - mine is the best! Thanks Mom! Miss you everyday in heaven!
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Biscotti - so your sister is going to court to become the conservator / guardian of your mom of which you currently hold the POA, is that correct?

If you want to continue as POA, you are yourself going to need to do either your own application for becoming the conservator or show to the court that you as POA has acted in moms best interest so no need to change. Your attorney will need to have any & all POA paperwork, wills and other directives that mom did that shows your mom's intentions & ability at the time. You will have to fight to either remain POA or become conservator, which means having documents to show this.

So why is Sissy doing this? That is the bigger ?
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I'm not sure what you are asking, Biscotti26. Is your attorney asking you for a copy of the POA? Are you asking if you can get a copy from the lawyer? Did this attorney help with setting up the POA?
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I have POA for my Mom. my sister is seeking conservatorship of her assets. Should my attorney have a copy of the POA. I live in CT?

tHANKS
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Mannyputtputt, a POA is required to follow the grantor's instructions or to act in the grantor's best interests if instructions are not provided. NEVER is a POA allowed to use that money for themselves or for any other reason except to benefit the grantor. Being a POA is a privilege with duties and responsibilities.

Reading info.legalzoom/duties-power-attorney-20228.html might help.
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Reverseroles, the POA has to have an original or court copy n some cases. Usually an attorney arranges two or more originals, one of which is often filed with the court in case more "originals" are needed - at a cost.

Often, a copy of the POA is sufficient, though.
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No, only a lawyer holds it.
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I feel my X-sister found an attorney who is just as criminal as she is. Together they both submitted FALSE information of my moms assets to Medicaid. They isolated only 1 of her money market accounts to make her look poor in the eyes of the state of Florida! Is that NOT one of the most deviate and sickest things you ever heard. A set up to take away from an elderly person their ability to have a great life in assisted living opposed to a notably worst run state facility. This enabled her client, my evil X-Sister to do as she pleased with my moms life savings. My moms estate was $400,000 and my Evil (POA) X-sister wanted it all. She threw me a lousy $1,600.00 overcharged me $50,000 on my moms house that was paid off and valued at $200,000. She tried to steal all the assets in that too! I believe authorities know these horrible things are happening with abusive POA's yet time and time again they get away with stealing from the elderly. Authorities turn a blind eye and it will continue until they get tired of hearing us SCREAM! In my opinion most Power of Attorneys are using it to steal. My mom had a will where everything was to be divided EQUALLY yet my X-Sister never showed me and my brother a copy. Watch your sister and send her certified letters demanding copies of everything she does. Also talk to your mom and tell her what's been going on and your concerns for possible fraud in her estate! Best of Luck! I'm out of $103,000 because of my evil X-Sisters greed. I cannot retire as planned! I have a great ghost story out of this however that hopefully once I get it out to the public in a book form it will become famous! It's really remarkable stuff! You never heard anything like it in your life! A ghost story is only good if you can prove something. I can prove this happened!
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Alwaysbusy, I live in Florida and, yep, it is a strange place where a lot of dishonest people get away with a lot of scams. Especially elder abuse.

Still I love it here. Warmth and sunshine do count for something. ;)
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Im trying to a copy of a power of attorney for my grandfather im having no luck my uncle is putting him in a home after he hard broken his sholder he recovered very well his memory isnt very good imwilling to have him move in with me and take care of him but my uncle doent want that is their anything I can do to stop this
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My x-sister was very EVIL and ABUSED her POA in order to steal everything my mom owned. The state of Florida actually allowed all moms money to be drained from her accounts as x-sis went on a shopping spree of real estate for herself and her greedy husband who is since deceased. All moms money was totally gone at her funeral which I didn't know about as we would've been planning two more funerals. Be very suspicious of people who seek to become POA's in my opinion they are usually up to no good! My experience was gruesome and life changing. I'm writing a book and exposing alot more about this situation. Document everything and have an honest talk with your mom about what she wants. Tell her anything you suspect is happening and see if she'll change the POA to you! In Florida the POA is ridiculous. X-sis was allowed to deny medications like antibiotics for swollen ankles, prescription eye drops for moms eye infection and x-rays without it raising any kind of red flag that she was up to no good which she was! Nurses were describing my x-sis as cruel. I can't believe what she got away with legally. It is far from over as I will expose her evilness. She'll be shocked and amazed as to what I put together in eight years.She should be in jail for exploiting my poor mom to rob her blind! The lawyer she hired was just as evil as her. They sure know how to find one another. Good Luck!
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As far as our State, no you cannot see it and if she is in charge of he Trust, that means your Mom is the beneficiary, not you, meaning you have no rights to see it. Its not public here and a sibling who tried to get copies of it, was refused by our lawyer. This doesnt stop you from visiting and loving your Mom where she is and if you got a lawyer, they could find out if one exhists thru the assisted living place for sure. Good luck
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If you have reason to believe that your sister and brother-in-law have not conducted themselves "honorably" (i.e. they are not adhering to the terms of the POA) you should get an ELDERCARE Attorney and seek guardian ad litem with the court. Every state is different, however, many states don't require you to record the POA with the court as a stand alone document. If you are named as an alternate, you might have rights to a copy of the document. You need legal advice, definitely.
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can a poa use principles money as poa wishes
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my mother was made a ward of court in ireland and that was fine because financial abuse took place with 2siblings of mine. In turn then the ward of courts nominated me but i handed the nomination to a sister of mine. Ever since everthing has gone pairshaped. Have i a legal right to know whats going on with my mothers affairs?
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Do you have to file a POA with the court? Is there some advantage to doing so or a problem if you don't? Thank you.
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Gee, this sounds like my dysfunctional family was about my mother. The POA may or may not be a matter of record, but the trust must be recorded. If your mother signed documents and did not know what she was signing, her signature is invalid. Why is your sister refusing to give you a copy? Until you know that keep asking. If you cannot get an answer, go to the Probate area of your Superior Court and seek a guardian ad litem for your mother. Have all your information dated and documented so you have a good case to present to the judge. If the judge thinks there might be either duress or a forced signature, he/she could grant you an Order and the judge can order a court investigator to interview your mother and all family members. I've already been through this and I wish you good luck.
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IF her power of attorney was filed with the court, you should be able to get a copy. My Dad's attorney filed his POA to me with the County Court when it was done in 2010. Prior to that, in 2006, Dad wrote his own.

In which state does she reside? NYS laws have changed starting in 2009 to reduce fraud, etc, if I recall correctly.

I wish you luck in getting those documents, especially if your brother-in-law is an attorney. You might try going to the local Bar Association for guidance/assistance.
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