I know you have resigned but just wondering what expenses were there? Was she on Medicaid? If so all her needs should have been met. Meals, care, toiletries, depends. Medicare and Medicaid take care of her health needs and she gets a small amt of money monthly from her SS that pays for Personal Needs. A POA does not use their own money. When hers is gone its gone. Are you out of pocket? At this point if this woman has no family, a State guardian will be appointed. If you can prove your Out of Pocket, maybe you can get reinbursed.
I agree with "frequent" about the furniture. But on the other hand, when someone needs care and money is needed for that care a Will goes out the window. It doesn't matter who money or items have been left to, the money and sale of items need to be used for the persons care.
PeggySue, a woman I knew had to be put in care. I think she was private pay. I was told by her family, that all if her possessions had to be put in storage unit at the expense of the Estate till she died. And this was law. Not sure what happens when there isn't an estate. My Moms stuff was not worth much. Most of it was given away and in the end, thrown away. My brother took 2 pieces of furniture. I know I would not have paid out if pocket for her stuff to be stored.
DonnaFaye, I am relieved to see in your responses that you have resigned. Now it is important to let any entity know that you have. You may be registered as POA by banks and nursing home. Be certain to let them know by mail that you are not POA. If you didn't feel fully qualified to act as POA for someone powerless to act for herself then it would be a huge mistake to attempt to do this. It sounds as though your friend has run out of money if now you are attempting to sell her possessions to buy a bit of time in her nursing home. So she will need to go on medicaid. As POA you would have been the one to attempt to get her qualified and it sounds as though that would have been a job in itself. If there are relatives be certain to let them know you are not POA at this time, and if there are none, let her nursing home know that so that the social workers can get her into the care of a Fiduciary appointed by the State Courts to manage things. They will take over any sale of possessions and all final matters and you are free now to remain her FRIEND and to visit her. That at this point is what is most important to her. I hope, if she has no family, that there will be a good fiduciary appointed. I know a man who does this work and he is kind and honorable. Good luck to you both.
Yes, you can but you don't have to. Her house will have to be sold and the proceeds handed over to the nursing home, but that does not include the interior contents of that home or personal effects of the person. Don't sell her stuff so the greedy nursing home can get even more. It's too bad that you resigned POA. Who has it now? I hope not the nursing home. Her stuff does not have to be sold. Only her real estate and cars.
Donnafaye1951, in any case, if you were Power of Attorney for a friend, do you know who is the Executor of your friend's Will? The Executor would know if any of your friend's furniture was already ear-marked on paper to be given to family members. If sold, that could result in a very difficult situation.
Donna, if you have resigned your POA, you are no longer authorised by it to sell her furniture and use the money. Perhaps take back the resignation and do these small jobs before resigning it again. Or if your friend is capable of it, get her to agree to you doing it on her behalf. A little video of her saying it’s OK should cover you.
Alva is of course correct about the duties, but in practice it’s a good idea to check if anyone else is going to be concerned. If there are greedy relatives likely to object to what you do with that million dollars (though probably not the furniture sale), it’s more important to cross and dot all the I’s and T’s. If there is no-one (quite possible, as you are the POA) don’t get so frightened about it that you stop being sensible about just reasonable record keeping.
See an elder law attorney NOW> There is a good deal more to being POA for someone in this condition that the selling of her furniture. You need to find out your legal duties as a Fiduciary under the law. If you aren't capable of carrying them out and keeping the meticulous records of every penny into and every penny out of this friends account then you need to resign your position and let family or the state take on this care. POA is complicated and very very difficult. Sorry, but you need to know the facts. Your POA advice is paid for by the friend's funds, so see an attorney (elder law) at once. Meanwhile google the duties of POA in your state.
I agree with "frequent" about the furniture. But on the other hand, when someone needs care and money is needed for that care a Will goes out the window. It doesn't matter who money or items have been left to, the money and sale of items need to be used for the persons care.
PeggySue, a woman I knew had to be put in care. I think she was private pay. I was told by her family, that all if her possessions had to be put in storage unit at the expense of the Estate till she died. And this was law. Not sure what happens when there isn't an estate. My Moms stuff was not worth much. Most of it was given away and in the end, thrown away. My brother took 2 pieces of furniture. I know I would not have paid out if pocket for her stuff to be stored.
Don't sell her stuff so the greedy nursing home can get even more.
It's too bad that you resigned POA. Who has it now? I hope not the nursing home.
Her stuff does not have to be sold. Only her real estate and cars.
Alva is of course correct about the duties, but in practice it’s a good idea to check if anyone else is going to be concerned. If there are greedy relatives likely to object to what you do with that million dollars (though probably not the furniture sale), it’s more important to cross and dot all the I’s and T’s. If there is no-one (quite possible, as you are the POA) don’t get so frightened about it that you stop being sensible about just reasonable record keeping.
Sorry, but you need to know the facts. Your POA advice is paid for by the friend's funds, so see an attorney (elder law) at once.
Meanwhile google the duties of POA in your state.