Power of Attorney Risks
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- Опубликовано: 1 окт 2016
- What are the risks or concerns involved with durable power of attorney documents?
www.elderneedslaw.com/blog/du...
Call 305.931.0478 to ask questions and schedule a consultation with an aventura elder law attorney.
What if you have no one to appoint POA or anyone you trust while you are competent to choose? Scary !
In that situation there are fiduciary professionals who will, for a fee, assist with these responsibilities. You can also split up some of the more common services (e.g. some services assist with bill paying; others assist with medication management/health care advocacy; others are professional trustees if you have a trust, etc...)
In Minnesota, this is not true. My dads POA can not move money, or spend large sums without contacting me, the successor, if she tries to, the bank and financial advisor has to call me to see if it’s okay. Once my dad has passed away, her POA is no longer usable for anything, everything is frozen up from her and I become responsible for making sure my dads living trust is followed and all bills are paid. That also includes making sure any money left would go to bio family members, in the % that he already has in the living trust.
Certainly, the law differs from state-to-state. These videos only pertain to Florida.
Good to know. Thank you.
You are welcome!
if there’s a trust. can someone else gets power of attorney on elderly without them knowing.
Generally, the trustee of a trust only has control over asset in the trust. The agent under a power of attorney can control bank accounts outside of the trust (and occasionally what is in the trust depending on how the trust was drafted). It really depends on the drafting of both documents. But, conceivably, yes if the person has capacity, they can sign a POA without notifying the trustee of their trust.
Ok 👌 need your advice. My dad died December 8th 2020. Things have been way out of hand 🖐. My mother has made me power of attorney. I have the papers but my older sister somehow made herself POA with her health insurance policy. I have to send in my papers to prove I am POA. My question is how did my sister get something notarized without my moms consent. It is obvious she had no proof.
Hi Rosalind - I'm not sure what happened between your mother and your sister. Its possible that your mother listed your sister as the "backup" or "successor" poa on the insurance company's specific form. If this is not what your mother wishes, and she has capacity, she can always remove the power from your sister. Good luck to you!
a judge unfairly revoked my mothers power of attorney just to push his guardianship agenda is that justice or injustice?
Our position is that guardianship is a last resort. But sometimes its useful because then there is judicial oversight. This (theoretically) is an added layer of protection against the ward and his/her assets being squandered or wasted.
@@elderneedslaw some theories need to be tested another layer of protection may backfire & provide another layer of protection for abuse of a ward which im trying to expose now
Does this information apply to residents of Florida or is this general information that would apply if based in any state? My Dad, Indiana resident, had a sudden stroke and had no POA appointed and my mom is unable to access his accounts to pay his mounting medical bills, rehab, home health, etc. Does she need to pursue getting a guardianship?
We can only speak to Florida.
can a power of attorney put someone else’s money into A bank account in the power-of-attorney’s name free legal
Hello - it depends on the terms of the POA. Generally, Durable Powers of Attorney allow the agent/attorney-in-fact to deposit and withdraw money from the principal's bank account. This has the risk of being abused - but the agent has an obligation to always act in the principal's best interest. There are civil and criminal consequences when a POA is abused. However, you certainly want to choose your agent carefully, to - hopefully - avoid this problem in the first place.
Ask Bonner County Idaho Sheriff Daryl Wheeler, his wife Diane, Roseburg Oregon Financial Adviser Sam Jones, and Sandpoint Idaho Dr. Bonine what they did when Bonner County Idaho Judge Lori Meulenberg granted Jones and Wheeler power of attornery over Robert and Marie Scheimeister an elderly couple in the 90's. Ask Wheeler why it was that he needed a plain clothes armed cop seated at back of Robert Scheimeister's Funeral. Ask Diane Wheeler why; if she was so significantly involved in Marie Scheimeister's life, she and her husband failed to show at Marie's funeral. It couldn't be that because their plan to remove the Scheimeister's Grandson from their WILL/TRUST and install themselves FAILED.
No doubt. In the wrong hands, a durable power of attorney can be dangerous.
What if a mother gives P.O.A. to her daughter then is suffering from dementia and is unable to function. Can the other children do something to remove her?
One of the purposes of signing a Durable POA is so that when the signor loses capacity (such as in the later stages of dementia) that someone is empowered to make decisions. If the person (e.g. daughter) is acting inappropriately, you may want to petition for guardianship to have her removed.
I may need you in the future. Thank you.
What about for a child
It depends on what you mean. Children (under age of 18) are unable to sign a durable power of attorney. However, adult children can also benefit from a durable power of attorney. Hope this helps.
Read more about how a durable power of attorney can be used here: www.elderneedslaw.com/power-of-attorney
Hope this helps.
My daughter is 22, she's marrying her fiance who is 23 next week. They live with his mother. He is joining the army next month, the mother is making him sign poa over their affairs. I feel this is wrong, what can I do?
GEORGIA! My half sister, is seeking, HAS sought, a predator guardianship over MY biological FATHER's estate!
Anyone can file a petition for guardianship. If you think you are better suited to act as his guardian, you may hire an attorney to make that case for you.
@@elderneedslaw I never thought I would need to contact you again. NOW, I am being getting the SHAFT by a SC judge AGAIN.
They've lost 4 times prior! It's been a long time since I contacted you. Cop came yesterday to serve MORE summons.
@@jennivelez7777 - I'm sorry to hear this. You need to reach out to a local attorney (I only service Florida). You can find someone local here: www.naela.org. Good luck to you!
My 93 year old mother has stage 4-5 Alzheimers and lives on her own. Her mental capacity is severely declining and she has daily carers. Mother has lost the ability, knowledge and stamina to maintain herself and her home. She has cleaning, hairdressing and chiropodist services and relies heavily on my sister for house hold tasks which she refuses to allow her carers to perform. I applied for a POA in Health and Welfare to assist her future relocation to a Care Home. Mother signed the forms. She was not told the reason because she refuses to move out. I was told by a solicitor that her signature was fraudulently obtained. The application is no longer ongoing. My mother has forfeited the right to decide her future health and welfare due to her attitude and deteriorating mental ability. I thought we were helping her. Apparently not.
It sounds like you may need to go through the legal-guardianship process.