I have a friend whose daughter is in jail. Her daughter owns a home and her girlfriend is staying there off and on. My friend is her daughter's power of attorney and wants to get her daughter's stuff out of the house.
I strongly suggest that your friend hire an attorney experienced in her daughter's legal problems and POAs. A POA addresses only medical and legal issues regarding the daughter, not access to the home, etc. A letter from your friend's attorney will have much more meaning than a demand from your friend. The attorney can have the friend removed from the house, and any other legal and criminal actions needed.
First, have your friend call law enforcement and have her explain (succinctly and not emotionally!) that the house is her daughter's, the things are her daughter's, but there is a tenant that won't let her in. She'd like the police to go with her and help her gain access to the house.
If for some reason this doesn't work, she should hire a locksmith, explaining the house is hers (close enough) but a tenant has locked her out. If she and the locksmith encounter any trouble at that point they can call the police then and it's unlikely that they'll be ignored. It would be best, though, if they could go in when the roommate is at work or otherwise occupied.
My wife has been diagnosed with dementia. Without my knowledge, her nephew got her to add him to her bank accounts. If I can get a durable POA, can I have him removed from her bank accounts?
I have power of attorney for my dad who is the executor of my mother's will. She has now passed; can I deal with mum's will for him?
By Donna
What you can do depends upon the specific wording of the POA. You should consult with an attorney to be certain of your POA rights.
Can a family member who has power of attorney have the right to alter my medications?
My parents live on my brother's property and I take care of them. I do live with them since they are at risk for falls, along with other medical issues. I currently have a POA for them.
My brother keeps threatening to have me removed from his property due to lies from his grandchildren. How do I protect my parents and myself?My nephew has DPOA for my father. Can my nephew sell his own house and make my father's house his own permanent home? My nephew is closing bank accounts left and right. My nephew's wife is signing back of checks to be deposited and signing checks to pay bills. She is a teacher and says that they, the law won't question it at all because I am a teacher and teachers don't lie. (That is how my nephew got DPOA thru the courts, because his wife is a teacher.) They both have criminal records, one assaulted a police officer and one for obstructing a police officer and disorderly person (maybe drunk).
Before my mother died my father/mother had a will/trust and I the daughter was in charge. I even paid their bills even after her death. My dad has dementia and did a new will/trust and made my nephew POA. Is this legal or not? Can my nephew have a DPOA with a record, or sell his own house?Does a POA give me the right to go and remove money if my dad askes me so?
I need legal advice. My mother is on her death bed and my sisters have power of attorney and have refused me seeing my mom. She lives with one of my sisters. Some one please help me find out how to see my mom before she dies.
Is it legal for the person holding a power of attorney to keep a family member, who has been living with the parent all her life, from seeing the parent after he moved the parent out without notice?
My two brothers have POA over my mother. She has been diagnosed with dementia and one of them took my mother to the DMV and filed for a lost title to her car. My other brother had the original title to the car. Then he had her sign over the car to him so he can tag it himself and put insurance on it and have anyone drive it that wants to. Is this legal, can he do this with her having dementia? In the POA it does not state he can transfer any personal property to himself.
Thank you.
I am not officially married to my boyfriend, but we have 1 year old daughter. I have given him POA over our daughter. In some days I'm flying with my daughter, without my boyfriend. Do I need POA permission from him? I'm not sure, if they will ask me this on airplane, because our daughter took her father's surname not mine. Please help!
By Nastarin from Germany
If a boyfriend is in prison and his live-in girlfriend has power of attorney, can she sell his trailer if she can't afford to live there? He has the title to it.
This is all going to depend on what legal rights she has and what she can do with his things while he is in prison. If she can't afford to keep up the trailer and can't for it, maybe it is best it be sold. At least he will have the money when he gets out.
My daughter has power of attorney for my husband. He has dementia and she has signed papers for him to go in to VA home. I, his wife, do not want him to go. Can I stop this?
My mother is in a nursing home. I have legal and medical power of attorney. she has a personal account with her nursing home, but she is mishandling her money and losing it. She should have had at least $1500 in her account, but she was down to $208. Can I withdraw the money from the nursing home and put it into my savings account to pay for her final resting place?
I provide my mother with groceries, snacks, clothing, drinks, and whatever she needs. I buy it for her thinking that this $50 a month had been building up in her personal account at the nursing home. I was devastated when I saw that there was only $208. I wanted to make sure that the money would be there when her final day did come and we would have the money to pay for that. The financial director of the nursing home told me that he couldn't give me that money because they get audited, but if I don't touch it and I just keep buying her the things that she needs out of my living expenses and can provide a bank account statement showing that none of her money has been used for any personal use on my behalf it will be OK.
I am one of three children, but I will be the only one paying for this and I need to know what I can do if this financial director at the nursing home is allowed to keep this money from me when it is only in her best interest that she has the money instead of losing $75 within a week in July. I have that account statement as proof of her mishandling her money.
You need to consult an attorney. If your mother is mishandling the money, you should be able to manage it for her.
I would contact your lawyer to start off with. This can be an issue with the nursing home taking the funds out of the account and saying it was your mom. You actually don't have any way to prove this on your own. You'll need help. If it was your mom, you'll need to find out what she did with this money. She doesn't really have any way to spend it where she is.
Second, if the money has to go to the account you can try and make the nursing home notify you of all withdrawals before they happen. This way you can give your approval on them or not.
As long as you don't have full power of attorney over your mom there isn't much you can do right now. Only a lawyer can help you with this and a judge needs to approve this and sign the papers.
