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Responsibilities of a Power of Attorney

October 28, 2015

I was POA of my dad. He passed and I found out a POA is only good when they are alive. My question is before he died I moved money from his account to mine am I allowed to do this?

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He had no will, no living trust, no house, and no property. I payed all his bills and closed all his accounts as well. Any help would be appreciated.

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July 10, 2008

My husband has POA over his mother's affairs. His brother recently became medical POA when their mother was deemed incompetent due to Alzheimer's. So now his brother is responsible for all sitter care (hiring, scheduling, paying, etc.) This has caused a lot of conflict.



My husband has run the sitting staff for 3 years without problems. Now his brother wants to change things. So now my husband just wants to pay his brother $10,000/month and let him pay the sitters, buy the groceries, pay for medications, etc. I told him I thought he was still responsible for getting receipts and being accountable for money spent and he said that he wasn't worried about it, that as soon as the money ran out, then the sooner his brother would have to take total responsibility for his mother.
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She would then have to move in with him because he would have to sell the house since there would be no more money left in the checking account to pay bills. Is he right?

Susan from Slidell, LA

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Silver Feedback Medal for All Time! 290 Feedbacks
July 10, 20080 found this helpful

Your husband is in a difficult situation and it would be in your better interest to consult an attorney for this family matter.

 
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December 19, 2015

I have durable power of attorney over my 76 year old dad and I live with him. I am trying to encourage and prevent him from driving because he has been diagnosed with Alzheimer's/dementia and has quite a bit of hallucinations, memory loss, lack of motor skills, and reasoning, etc. He continues to argue with me that he is not crazy (those are his words, not mine) and he is quite capable of driving.

I received info from another legal source that I can be held responsible for an incident, such as if he gets into a car accident and kills someone else. They can hold me responsible for the death of the other person because I am aware of my dad's health issues and I could even go to jail. I have been trying to collect all tangible information I can on this ailment and the legal ramifications and hopefully some serious communication from his doctor to try and get a handle on this issue. I just want to make sure what legal and/or criminal responsibilities I may incur if something like this happens. If anyone knows the actual case law so I could look it up, that would be great.

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June 2, 2011

If I have POA on my mom's banking account, do I have the right to transfer her money into my account if I feel she in not being competent with her money? Or is that illegal?

By Jessica E.

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February 21, 2017

My mom is 70 and I have been caring for her since last year in March 2016. I need to have a power of attorney because she goes to the bank and removes money and loses it and gives it away.

The bank is giving me a hassle because she put a password on her account and changed her pin. On top of me not being able to pay her bills my husband and I are on a limited income.

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August 11, 2010

Does the person who has POA for a parent, have a responsibility to provide financial reports to the other siblings?

By loretta pearson from IL

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October 18, 2019

I hold my mom's general durable power of attorney and my niece is her health care proxy. She is in a nursing home that I do not care for. Do I have the right as DPOA NOT HCP to choose another nursing home?


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August 31, 2015

Using his power of attorney, thinking he is protecting her assets from Medicare, my brother put my mother's stocks into his own account without my knowledge or hers. I have power of attorney as well. He refused to make it a joint account after she and I found out. He just promises he will give me my share when the time comes. He is using the dividends to pay some of her bills - not his own use. Was this legal? Should I trust him?


We are on good terms, but when it comes to money no one knows.

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January 11, 2017

As POA for my mother-in-law, she is in a nursing home, will I be responsible for her funeral when she passes? I am on SS and it is the only income I have. I live in Indiana, she has a son in Nevada who has nothing to do with her. I am all she has here in Indiana.

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March 27, 2017

I have looked after this 90 year old gentleman's cattle at my farm since 2004. He has paid board for these cattle. Our hand shake agreement was he doesn't go less than 12 head and when he passes away they are to be mine or if he shall not want them any more during his lifetime they are to be mine. He put them in half my name to make sure this happened as he did not put it in his will. Power of Attorney and Personal Property

 

Having said that, his POA wants him to get rid of the 12 cows he has. This gentleman has also rented another house on my farm for the last 4 years.


Can the POA force the sale of the cattle? He thinks they cost too much! But yet the 90 year old has had the hobby of showing purebred cattle for the last 25 years. This gentleman also has close to a million dollars.

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October 12, 2015

My dad is in a nursing home and his attorney in fact died. My dad's brother is now conviced that he can be in charge of my dad's money and get power of attorney. He is 70 years old has been schizophrenic since childhood and has also filled for bankruptcy in the past.

If he gets in charge of my dad's money he will steal it. Is there anything I can do to stop him from getting charge of my dad's money? Will the court even consider giving him power of attorney? Can he be appointed without me knowing?

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May 3, 2012

My dad has power of attorney of his father. He has had it for four years. When it was given he was it in sound mind. Now my dad's father has Alzheimer's. A family friend is trying to revoke my dads POA. My dad has done nothing wrong. How hard is it to revoke a POA and how do you contest it.

By Lou

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November 17, 2017

If I have POA for my mother, am I responsible for her bills while she is still alive? I realize the POA is null and void once a person passes.


Thank you.

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Bronze Post Medal for All Time! 105 Posts
November 20, 20170 found this helpful
Best Answer

A POA doesn't mean you're responsible for the debts of your mother. You are only there to pay her bills, see to her medical conditions and take care of her because she isn't able to do this on her own.

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As long as she is still alive she is responsible for her debts and all you need to do is pay them online or through a check. There is nothing a creditor can do to you to collect an unpaid debt once she has died.

 
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August 20, 2019

Can I give my sister a durable power of attorney to act on my behalf to ensure my safety in physical, emotional, and mental situations?


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October 23, 2016

I am a Georgia resident. I am the oldest of 3 girls. Mother has had a hospital emergency. I, the big sister, was the only one that called 911, took her to the hospital, stayed, and then checked her in to find out what was wrong. The youngest sister has power of attorney. The hospital says even though I brought her to ER the sister with POA can only be spoken with unless the sister w/POA gives me permission to handle things at the hospital.

Is that true? Neither of the 2 younger sisters even came to hopsital at all, the ER day, to assist me in any way. There is something wrong here yes? Would like some guidance.

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December 13, 2015

My mother fell and broke her hip. She gave me power of attorney over her. She has a grandson staying in her home. He doesn't pay rent he just stays there, he has no job, and depends on my mother for money.

How do we go about getting him out of the home?

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