Follow
Share
This question has been closed for answers. Ask a New Question.
Define "win" . . . ? Are you asking if there is anything you can do to help the person who signed a DPOA? Of course you can. There are lots of things you can do to assist that don't involve a legal/financial obligation. You can offer rided to the grocery store - or bring take-out food over once a week - visit, reminisce, etc.

I assume you feel that your sister is perhaps NOT the right person for the job? Ask yourself why Mom or Dad chose them. There must be a reason. Was it trust? Proximity? Reliability? If you can respect their right to make that choice, do what you can to be supportive.

If you feel the choice was wrong, you have three options:

1) Talk to your parents about your concern(s) - if they share your concerns, they can revoke the POA (if they are of sound mind), or they can sign a new one, which automatically revokes any previous documents (excepting Medical POA's, unless specifically mentioned). If they are comfortable with your sister, I recommend leaving it alone.

2) If you feel your sister is abusing her power, or in any way abusing your (mom/dad) you can take her to court. The rights and responsibilities of a person holding a Durable Power of Attorney are very clear - and financial abuse is usually easy to spot. This decision is up to you, because the burden of paying the court, and losing your sister's good will be on you. Is it worth it? Is it the right thing to do for your loved one? Only you can decide that.
OR
3) You may be able to convince your sister to revoke the DPOA herself, if she doesn't want to fight you in court. Ask to see what she's doing, and make sure she knows you have (mom/dad)'s best interest at heart, and are willing to oversee her work, and step in if necessary.

Can you win? Depends on the facts - and whether or not you can prove it. Also, ask yourself honestly, "What is my motive?"
- FyreFly

p.s. I am assuming you mean "DPOA" vs. a POA. A POA is usually no longer valid once a person becomes incompetent, whereas a DPOA remains in effect.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter