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.
Here are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community.
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.
You need, in addition to legal and medical powers of attorney, to be her fiscal conservator. That will put you in charge of her finances. Legal power of attorney does not generally cover this.
So much varies from state to state, so bear that in mind going forward.
The financial director is NOT looking out for your best interests, only that of the nursing home. They are a business, after all, and profit is their goal. Please do not accept what he says as truth or law.
I wish I could give you a more specific answer. My mother suffers from dementia, and while she is not in a nursing home, my sisters and I are dealing with similar issues.
Perhaps there is guidance to be found from your state's senior services agency. A quick web search should direct you.
Good luck!
If my brother has POA is he allowed to keep me from visiting my mother?
This is really a legal question and should be answered by a qualified person who will know all the facts and be able to give you a legal answer.
We do not know where your mother lives (home or nursing home?), or who lives with her, or if you and your mother have ever had problems or if your mother wishes to see you so you should be able to understand that without knowing the true situation we should not offer advice other than to seek counsel for help and if she is in a nursing home you should discuss this with the administrator because the one with the POA controls the payment (if any) that goes to the nursing home.
If there are problems that could cause harm to your mother (physical or mental) then the person with the POA may be able to set visitation restrictions.
Seek legal help with this problem.
The lawyer who drew up the POA will need to tell you what the document covers. These differ by state and can be broad to cover all decisions or very narrow, for example only permitting the person to pay bills. The person who drew it needs to explain it.
Prayers that you can resolve the situation peacefully, because it sounds like there are layers of issues going on here.
I live with and take care of my mom. My sister has POA and she is always saying she is going to take my house, my name is on the deed, and change my mom's will. She also told me because she has POA she can come into my house anytime she wants and do whatever she wants. Is any of this true?
A POA is limited to the specific stipulations in the document; these stipulations usually address financial and medical matters, not legal matters. Your sister is limited by the stipulations in the POA and cannot legally take your house or change your mother's will. Also, she cannot enter your house at will and do whatever she wants, even though your mother lives with you.
I strongly suggest that you immediately consult with an attorney who specializes in elder care, POAs, wills, etc., to clarify the provisions of the POA. Your attorney can then contact your sister and educate her as to the POA and what her specific responsibilities are. Your sister will most assuredly become angry, however, you must protect yourself and your mother from her threats to you, her abuses of the POA and her responsibilities.
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. If he still owes on this and she has to make the payment, plus keep up her own payments where she is living it is a burden on her and she shouldn't be responsible for this. I would say that she needs to speak with him and maybe a lawyer too.
I have a durable POA or my mother. My brother has been holding her jewelry for her because she's in a nursing home. She has asked him to bring her jewelry to her and he won't. I have asked him several times myself. As POA what can I do?
My grandfather is in a nursing home with Alzheimer's disease. My uncle is his power of attorney. My grandfather wanted it changed, but his mental state was a little questionable at the time. My two daughters have lived with my grandfather for the past 14 years they're are now 19 and 23. My youngest daughter still lives in the home during the weekdays. She went there today trying to get in to get some of her clothes and all the locks were changed, plus the alarm code.
I know my grandfather never in a million years would think my uncle would be so hateful and such a monster, but he is. Is it legal for him to do this? Is it legal for my uncle to lock my daughter out of her own home and tell her we will set up a time and meet so you can come get your things. Also when my grandfather passes my uncle is planning to ban me from the funeral; is that legal. If not, what can I do about it what can I do about any of this?
Can somebody please help.
I have POA over my friend who is now in a nursing home. He has been receiving a Social Security check in his checking account for months now.
I am also on his checking account. I have used some of the money for personal use. Is this misappropriation of funds?There are different types of POA and one gives you certain rights over that person's finances.
Who is paying for your friend's bills in the nursing home? does he have other insurance or other means to pay these bills? Usually if there is no other insurance to pay, the nursing home will require the SS check be sent to their institution as payment for care/housing and other expenses and will usually take any additional expenses (over and above the SS check or insurance check) from their personal finances (or require someone to pay the bills).
I believe having your name on the checking account may make a difference in whether this would be considered misappropriation of funds but I would highly recommend you see an attorney before spending any more of these funds as things like this can get way out of hand and cause many problems.
I believe one of the things an attorney will ask is when and why did your friend put your name on his checking account.
Only an attorney can give you a legal and correct answer.
Here is a link that explains a little about a POA but you need more legal advise than this.
www.lawhelp.org/
Can a landlord evict a tenant from the residence of their fiancé? He's incarcerated and he named me durable power of attorney.
