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My Brother in Law took it upon himself with only a Health Power of Attorney signed by my In Laws.. To overtake their entire Farm Trust and Bank Accounts without their consent. Legal =No.. Unfortunately we had to obtain a Lawyer for my In Laws to get back their own interest. My Brother in Law just had an estate auction without allowing my In Laws to review what was to be sold.. We found out a few days before the auction and got the paperwork filed in time but not signed by a Judge before the auction took place. We have now filed for Conservator/Guardian for my In Laws best interest and will be also obtaining a Guardian ad Litem for them hopefully this week before other items are sold without their consent.. Not sure how he is using this Health Power of Attorney so wide spread as it isnt a General Power of Attorney is specifically states for Health Related only.. :(
Now, after the auction has taken place because of lack of communication. My In Laws are very hurt and disillusioned that he could have so much 'power' as they are not in a Nursing Home but he talked them into a 'temporary' apartment for Assisted Living as my mother in law has high blood pressure and my father in law is about 75-80% recovered from a stroke a year ago. (Talking /Walking with walker/cane).
ALSO, My brother in Law says that he put my Father in Law on the VA (Veterans Administration) End of Life coverage that expired about 6 months ago?? Not sure why he would have done that but he did how do I go about getting him coverages now that he is recovering?? My Brother in Law said that is the reason he had to place my Mother In Law there also as her Insurance is paying some of his care charges and that was the reason for the secret auction was to raise funds for their continued care in the Nursing Home Assisted Living.. I will be new to dealing with the Insurance end and need to get things figured out for them.. Any help will be appreciated :)

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Cntrycwgirl, Good for YOU! When it comes to money some family members REAL personalities come out! I am dealing with that same thing. For me, it is about taking care of Dad, for them.....it is about the end of the rainbow! It sickens me..
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continued....
Your family has business with as you need them to know, "YOU are the new sheriff in town!" Check on their insurance issues right away as charges will be incurred with each doctor visit and illness. This is an enormous task you are taking on, but if you want things done right, sometimes you have to be the one doing them. Ask other siblings for their help in collecting information and let them know what you are doing. You should have a family meeting of only the siblings and fill them in on what is happening so no one feels left out of the loop. God Bless and Good Luck......this can be hard.
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Wow, what a mess! I have Power of Attorney over my mothers Healthcare and Financial matters. A Healthcare POA does not give him the right to do everything that he is doing. Has anyone seen his POA and read it? As the children you need to be in charge, but YOU NEED TO TAKE CHARGE. I sounds like everyone has been laying back and doing nothing so he took it upon himself to get the ball moving and now you don't like what he is doing. Get your conservatorship granted immediately and you will be in the drivers seat, but you cannot just sit there and do nothing, you MUST take an active roll in straightening out the mess that has either accumulated or been created. Take those papers to EVERYONE, YOUR FAMILY HAS BUSINESS WITH
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I am dealing with a similar situation. We are in court now dealing with this. Son took all of my grandpa's money and when he went into a nursing home to recover from a hospital stay he got stuck in there because the son was the "responsible party" since he signed him in. I was asked to get involved by my grandpa's girl friend when suddenly she had no rights (she was health POA previously) and the nursing home refused to speak to her or I. The nursing home petitioned for a 3rd party guardian, so we hired an attorney to fight for me to be appointed instead. At court last month neither my uncle nor the nursing home felt it necessary to bring my grandpa to court. The judge was livid and court was rescheduled for July 1st. At that time the judge will also hear my petition to be appointed conservator. So now my grandpa has been stuck in this nasty nursing home since March 22nd. It was only suppose to be 30 days. He hates it there and wants to go home SO badly. Hang in there and make sure you have all your ducks in a row and a good attorney. It makes ALL the difference! I will keep you in my prayers.
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Good luck Cntrycwgirl, you're moving in the right direction....
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I am so sorry, what you are dealing with is so stressful! Hiring an attorney and getting things sorted out was a good action to take for the folks. A lot of people don't realize that someone can give guardianship over to someone else, they don't have to be incapacitated.

We have found that many people do not understand guardianship and believe that a POA is stronger. We constantly have to educate hospital personnel each time MIL is in the hospital. Good luck getting it sorted out, as someone else said, be careful of the risk of a third party be given the guardianship. Don't do anything rash to hurt your presentation.

Years ago when my FIL had his first leg amputated we set up a support rotation between the 3 brothers. My husband was first and handled the medical details of the amputation and the 100 days in the SNF. Preparing the home for FIL's return with one leg would be the second brother's responsibility and he was supposed take over details at that point. Once he was returned to his prepared home, the third brother was supposed to take over and after that we would rotate every 6 months. During my husband's turn we had kept everyone updated on regular emails during our period of responsibility. We turned over everything to second brother who promptly shut off everyone's access to FIL's doctors. During our time everyone had been HIPPA'd so all brothers could talk to the doctors. We never understood why, their excuse was that the aunts and uncles were "pestering" the doctors.

Sometimes people just get carried away with greed and go off on big power trips. Guardianship ended all the nonsense, I hope it does for your family also.
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The oldest son has seen a 'cash outlet' and wants control while blocking the other siblings at the cost of their parents. It is sickening. I wrote this but my husband (their son) is fully involved as we (with the nod from our Attorney) have moved forward and made her FIRST medical check up appointment that she has had in over 2 years! Bcuz the POA says that Doctors will olny give her more reasons to go back to see them.. (Wtf? He (Brother in law) needs a shrink IMHO..).
Stressor of the day: When called the local Clinic that the only ones "allowed' to set appointment was my brother in law and his living girlfriend however my Attorney intervened and got past that road block! This is absolutely crazy! My Brother in Law has been notified by our Attorney that we are opening the Guardianship/conservatorship last week. What response would you think he would have but to make an appointment with the SHRINK that declared her to have Alzheimer's but NOT for a medical checkup/mammogram that she truly needs as 2 + years is too long.. This just makes me see red!
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I think she said her brother-in-law (that could be her son since it is her MIL.
Be careful, guardian at litems like to take runamuk families that do not get along and turn lifelong (parent) residences into liquid assets so they can tap into the cash cow so to speak and get paid, guardian at litems are not free.

We thought like you, that the guardian at item would let them stay in their house as their best interest, the guardian at litem can say anything and decide anything. He might not agree with either of you.

In our case even though we had taken care of our 86 year old since she was 79, and were the caregivers who lived with her in her two flat building she owned, the people with POA's were allowed and court ordered to sell her possessions like a garage sale andto sell the building too, only to find out that they had no more powers (that was our only restitution).

We are still taking care of her in an apartment we rent, no more garden that we could plant to take our minds from the Alz and care-giving, no more security, no more peace, have to listen to two noisy neighbors now...

but she...is in good hands and isn't living in a nursing home.

Her Alz is that you have to move her from one daily living activity to another, but we do get a break while she knits and goes to daycare M-F. Her Alz is heavy on the OCDisorder. She once told me, that she does this for a reason because her mother told her, mothers I told her often do not say the truth...If I told you once, I told you a thousand times is an example of the exaggeration that is sometimes used, I forget now what it was all about and I said to her you haven't lived with your mother since you were 18, oh really, REALLY?

I wish you good luck, we are still trying to find our way out of the mess,
we still are unpaid caregivers, go figure....
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ferris1
"End of Life Vet Ins" could be just Retirement or the Thrift Savings Plan? But your right they definitely do not know what they are talking about.
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First of all, your inlaws, if competent can rescind that health POA at any time. Secondly, my husband is a veteran of three wars, and I have never heard of "end of life" veteran's insurance. Go to www.va.gov and locate a local office. Veteran's Admin. is very, very legal when it comes to non-veteran's signing or doing anything without the veteran's signature or knowledge. Why don't you take this brother-in-law to court for fraudulent behaviors? Again, get this person out of their lives and they can rewrite a codicil to that original POA voiding it. Then have them draw up another POA for those whom they trust. Also, if an assisted living facility does not get paid, they will evict. Maybe the best thing if they do not want to live there and can manage (high blood pressure can be managed with medication). Best wishes!
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Better get a good lawyer and someone to investigate criminal behavior concerning this. Sounds to me to be an embezzler! Stop him before he spends all of their money and they have nothing to live on!
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I'm so sorry that you have to deal with this. It's demoralizing to find out that a relative would be so dishonest and malicious. I have no advice, but wish you well.
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I agree with GrannySmith..Where are their children...Why did a brother in law get any type of POA?? Why isn't his wife (the daughter) interfering??
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Where are their children? Sons in law and daughters in law, are nice, but where are their children? I would think they would have some say in what goes on with their parents. Just saying and just wondering where they are? Might help other folks to answer your questions for help.
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