Questions About Financial Power of Attorney

1. What rights do I have in a shared POA role?

   Question - Rankling as it may feel, your sister and step-sister’s actions and inactions may well be perfectly legal. But you describe an estate plan that seems to involve a lot of different documents, powers, and people named to control, so getting to the bottom of who controls what may take some patience and d sleuthwork...
   1 Expert Answer

2. Where can I get free legal help with estate planning?

   Question - There is some free good help for you, but as with most things, you usually get what you pay for. Your best bet for a free power of attorney for health care is the local hospital, preferably the one in which your mother might be hospitalized if needed...
   1 Expert Answer, 1 Community Answer

3. Does a durable financial power of attorney for my mother...

   Question - No, it does not. An agent is not responsible for the debts of the person for whom he or she is acting.
   1 Expert Answer, 2 Community Answers

4. What documentation do I need to enable the companies to discuss her accounts with me?

   Question - There are two routes for you to follow. The first is to contact each bank, company and other entity your mother has accounts with. Many banks and other companies have their own form that they would want your mother to fill out and sign, which would allow you access to her information...
   1 Expert Answer

5. What authority is needed to gather a parent's documents for Medicaid?

   Question - For your father to qualify for Medicaid, he needs to show that his income and assets are below the Medicaid eligibility levels in the state where he lives. This means providing income tax, bank and other financial accounts, and Social Security information, as well as documents about any assets he has...
   1 Expert Answer

6. How do we, with a power of attorney, take control of a credit card account in the cardholder's nickname?

   Question - You're in a rather unusual position, and very well may fear that there are other debts looming out there to be paid.What will get the credit card company's attention the fastest is to take action to close down the account now in the principal's nickname, which is probably a good idea anyway...
   1 Expert Answer

7. With both parents in a nursing home and me with power of attorney, can I protect their savings and house?

   Question - With a properly executed power of attorney for finances, you can handle some or all of your parent's finances for them once they're in a nursing home, even if they're still capable of making decisions for themselves. And if the power of attorney is "durable," you can continue to handle their finances once they become incapable of making any decisions...
   1 Expert Answer, 1 Community Answer

8. Can POA restrict visitation by an abusive relative?

   Question - I know of no simple solution to your question. You want to know how one brother, with a POA from your mother, can restrict another brother from visiting and abusing her. A third brother takes care of the mother, who has dementia.
   1 Expert Answer

9. Am I, as POA, responsible for my parents' debts, and will Medicaid take the house?

   Question - If you have never personally assumed the responsibilty for your mother's nursing home care, you cannot be held personally responsible if you have acted on her behalf solely as her agent under her Durable Power of Attorney.
   1 Expert Answer

10. Must I be named POA to be on my mother's checking account?

    Question - Your mother named you as her "attorney in fact" in her General Durable Power of Attorney. Your first question is whether you should be listed on a checking account with her only as her attorney-in-fact; you are concerned that your assets might become liable for some obligation of your mother because you are now listed on her accounts...
    1 Expert Answer

11. How can we find out who is POA and can we evict the non-POA from a home?

    Question - The first step is to go to the attorney for your grandparents and see if he or she wrote a Durable Power of Attorney for them and if he or she has a copy of it.
    1 Expert Answer

12. Who should be the power of attorney?

    Question - Husbands and wives do not automatically have any right act as the agent for the other. You have the right to name whomever you wish as your agent under a Durable Power of Attorney. Durable Powers of Attorney should always be tailored to the particular needs of the person for whom it is being made...
    1 Expert Answer

13. Who should I consult to assist in my POA duties now that Mom has passed away?

    Question - A power of attorney ceases to be effective once the principal, here your mother, dies. Therefore you no longer have any authority under her POA to act for your mother, or your mother's estate.
    1 Expert Answer

14. I am POA but my brother has basically taken control of mom's house. What can I do?

    Question - As the agent for your mother pursuant to her Durable Power of Attorney, you are in a position to exercise control over the real estate on her behalf. I am assuming that your mother owns the home and therefore you are authorized to act on her behalf in regard to this home. You indicated that your brother is not "actually a tenant...
    1 Expert Answer, 2 Community Answers

15. Does my patient or the POA have final say?

    Question - If your elderly friend is of sound mind he is able to override the determination of the person acting through the Durable Power of Attorney on his behalf.
    1 Expert Answer

16. Can I transfer my POA to someone else?

    Question - No, the person assigned the power of attorney (who is called "the attorney in fact") cannot legally assign the POA to another person. If the person who authorized the POA (called "the principal") named an alternate attorney in fact in the original POA document, the current attorney in fact can resign, and the alternate can take over...
    1 Expert Answer

17. Can a power of attorney have short term memory loss and still have POA?

    Question - If your question is asking if the person who is acting as the agent under a Durable Power of Attorney even if they have short term memory loss, you would first look to the document itself to see if it had any limitations on acting as agent...
    1 Expert Answer

18. What Can I Do if I Suspect That Someone Given Power of Attorney Is Acting Fraudulently?

    Question - A person named as an agent in a power of attorney has the legal duty to act in "the best interests" of the principal -- that is, the person who made the document. While that's a little fuzzy as a legal standard, the greater practical truth is that you know fraud when you see it: for example, money being...
    FAQ 1 Expert Answer, 9 Community Answers

19. Can POA for finances override a decision made by the POA for medical?

    Question - The authority pursuant to a Durable Powers of Attorney and an Advance Care Directive such as a Durable Power of Attorney for Health Care as it is referred to in some states may difer significantly depending on the precise wording of the documents...
    1 Expert Answer

20. Can I assign myself as my parent's power of attorney and pay myself for their care?

    Question - My parents made me sole heir, put me on their bank account, left CD's ITF in my name, gave me POA. I have been taking care of them for 4 years, and now would like to do a Health care service contract, to protect my/their assets. However they both are beyond even writing their own name. Can I sign POA on such a contract, and pay myself for their care...

21. How to get funds out my deceased father-in-law bank account to get reimbursed for funeral arrangements?

    Question - You will likely be able to get all the help you need from an unexpected source: the local probate court.
    1 Expert Answer, 1 Community Answer

22. Does my brother have the authority to place mom in a nursing home, against my sister's wishes?

    Question - My brother has power of attorney to handle my mother's finances. My sister was named as the individual that makes my mother's medical decisions. I was told the other day that my brother is thinking of placing my mother in a nursing home. My sister is against it. Does he have the authority to do this without my sister's approval...

23. If your Power of Attorney files your taxes incorrectly, who's responsible?

    Question - When filing income taxes, if your Power of Attorney files incorrectly who is actually responsible, the POA or taxpayer?

24. How many types of power of attorney are there and do they expire?

    Question - There are basically two types of powers of attorney: a power of attorney for finances, that empowers a person as an agent to manage another person’s money matters, and a power of attorney for healthcare, also called an advance directive, that empowers another person to supervise or direct medical cacare for another person...
    1 Expert Answer

25. How can I take over Mom's finances without her consent?

    Question - The hard truth is that you can’t force your mom to complete a power of attorney for finances if she refuses to do it. But there are other practical steps you can take to curtail her access to her own funds—and it sounds as if you and your sister have already started that process.
    1 Expert Answer

26. How Can I Prevent a Stepparent From Mismanaging the Finances of a Parent With Alzheimer's When I Have Power of Attorney?

    Question - First, get clear on whether the power of attorney naming you as your parent's agent has actually taken effect. You need to look at the specific wording of the document to find that out.
    FAQ 1 Expert Answer, 3 Community Answers

27. Is a Guardian Legally Required for Someone With Advanced Dementia?

    Question - No law requires that a guardian be appointed for someone with advanced dementia. Guardianships, also called conservatorships, are usually only needed when someone has good evidence that a person's medical care, finances, or other personal matters are being ignored or mismanaged -- or when there are a lot of feuding family members in the picture...
    FAQ 1 Expert Answer, 2 Community Answers

28. I don't have POA - can I still pay some of Dad's bills from my own account?

    Question - I think it would probably be fine for you to pay your dad's bills with your own money while he's in the hospital. I'd like to say that I'm certain that it wold be fine—because morally that's true—but we lawyers are trained to be cautious. So... what could possibly go wrong?
    1 Expert Answer

29. If my sister has Mom's POA, and is sued by a creditor, is Mom's money at risk?

    Question - Your Mom's money would NOT be at risk if your sister were her "Agent in Fact," authorized to act for your Mom under your Mom's Durable Power of Attorney (DPA). The principal of a DPA (your mom) is NOT legally responsible for debts of the perso she authorized in her DPA to act for her.
    1 Expert Answer

30. My POA is being ignored. What can I do about that?

    Question - Unfortunately, there are many institutions that for various reasons will refuse to honor legitimate Durable Powers of Attorney that have been written in compliance with state law. You are not likely to have much success arguing with them on your own...
    1 Expert Answer, 1 Community Answer

31. How do I sign documents if I have power of attorney?

    Question - Your question points up one of those interesting legal conundrums: You go through the hoops to take care of business, then no one quite explains the fine points about how to put your power into place.
    1 Expert Answer, 2 Community Answers

32. How can we handle finances if there is no appointed power of attorney?

    Question - You may be able to proceed informally for a short time—that is, pay bills and necessities if there is a co-signor on your mother-in-law’s bank or checking accounts or if they are jointly owned,
    1 Expert Answer

33. Could my brother swindle Mother's money?

    Question - There are a couple of pesky legal terms to clear up here—and perhaps that will help ease your mind.
    1 Expert Answer, 2 Community Answers

34. Is there anything I can do about my parents making bad investment decisions?

    Question - Although the most respectful and practical course of action may be to deal with your parents making bad investments by helping to educate them as to where they are making mistakes, particularly as their investments increasingly become risky speculations rather than carefully thought out invesments, if...
    1 Expert Answer

35. Can my aunt get power of attorney for my grandmother's finances without her other siblings' authorization?

    Question - The power to name your aunt as agent in a power of attorney for finances would come from your grandmother—and she is free to name whomever she wants in this role, as long as she is mentally competent to do so. No one else would need to be consulted or to authorize the arrangeme...
    1 Expert Answer

36. If I have power of attorney for my mother, does she need to be with me to close credit card and other financial accounts?

    Question - If your mother has appointed you the agent in her power of attorney, you should not need to have her with you when you close the accounts; that's one of the reasons people give someone a power of attorney—to assist them when they can't do things themselv...
    1 Expert Answer, 1 Community Answer

37. What is a durable power of attorney?

    Question - There are two types of powers of attorney: one that pertains to finances, and the other to medical care.
    1 Expert Answer, 2 Community Answers

38. What is the difference between durable and general power of attorney?

    Question - The biggest difference is in when the power ends.A general power of attorney ends when a person becomes mentally incapable because of sickness or injury to handle his or her own affairs. A durable power of attorney does not end in these circumstances. It is, in a word: durable...
    1 Expert Answer

39. Can I get irrevocable POA over my brother who abuses drugs?

    Question - The irrevocable powers of attorney you describe that give a person absolute authority to deal with another's property are rare.
    1 Expert Answer, 2 Community Answers

40. Can a POA or guardian change someone's will?

    Question - Generally the contents of a will of a person declared unfit to manage his or her own affairs cannot be changed by anyone else. You state that a "senior has been declared unfit to del with their own affairs."I gather that a state court has made a legal judgment to this effect...
    1 Expert Answer

41. How do I enforce my power of attorney responsibilities?...

    Question - You have full legal authority over your mother's finances. The question is, how do you enforce the POA in the real world, against a daughter who seems intent on subverting the POA? That is not an easy question to answer. In theory, you could take your daughter to court, and seek an order prohibiting...
    1 Expert Answer, 3 Community Answers

42. No one will speak to Mother's POA regarding legal issues!

    Question - I urge you to make an appointment to go in and meet in person with someone with authority in the county's pension office. Bring copies of the documents that you have already provided with you. This should allow you and the county official to discuss what specifically may need to be done, if anything, to complete this matter...
    1 Expert Answer

43. Does power of attorney allow the holder to act on the behalf...

    Question - Although a Durable Power of Attorney will permit the authorized agent to act on behalf of the person making the Durable Power of Attorney in many areas, it will not permit someone to vote on their behalf in an election.
    1 Expert Answer

44. Do I still have his POA after he dies?

    Question - The best way to think of how a Durable Power of Attorney works is that it permits someone to appoint someone else to act on their behalf. However, it is limited to acting on behalf of the person only while that person is alive. Once the person making the Durable Power of Attorney has died, the Durable Power of Attorney is no longer effective...
    1 Expert Answer

45. If we rent out her house, is she still eligible for Medicaid?

    Question - Any income after expenses derived from the rental of the home would be required to be reported to your state's Medicaid office and would be required to be applied toward her Patient Pay Amount to the nursing home. However, if the reasonable rent was only sufficient to cover the costs of maintaining...
    1 Expert Answer, 1 Community Answer

46. Shouldn't the caregivers be receiving the funds?

    Question - I agree that if your sister is not acting in your father's best interest that it may make sense for you to petition the court to be appointed as guardian of your uncle. You have a right to be paid for your services, however I would suggest that you formalize your obligation to provide these services...
    1 Expert Answer, 1 Community Answer

47. Do I have inheritance rights as the POA?

    Question - A Power of Attorney, including what's called a "durable" one (which means it remains effective even if the signer becomes incapacitated) has no effect on property the signer leaves at death. Once the signer dies, all authority of the person appointed to act under the POA ends...
    1 Expert Answer

48. What is the difference between Medical and Durable POA?

    Question - There may not be any difference between a medical and durable POA. Or there may be.
    1 Expert Answer

49. Can I force dad into a care facility if I hold his POA?

    Question - Unfortunately I think you do not have any good options. Unless a court declares him to be legally incompetent he has the power to decide how to he wants to live his life, however foolish or self-destructive his choices are. The fact that you have a POA doesn't give you authority to compel him to move...
    1 Expert Answer

50. Should we remove Dad's name from these documents?

    Question - Medicaid law differs significantly from state to state so it is important that you discuss this with an experienced Elder Law lawyer in your state. You have indicated that he has already been approved for Medicaid, but you want to make sure that you do not do anything that could cause a disqualification...
    1 Expert Answer

51. What legal paperwork for parents is necessary besides a will?

    Question - Each parent should have an advance health care directive. In some states, these are two separate documents: a medical directive (also called a living will) setting out your parent's wishes regarding medical care, and a durable power of attorney for health care which names someone to make medical decisions when your parent is unable to...
    1 Expert Answer