Follow
Share

I am POA for my 82 year old sister in an assisted living facility. She has expressed fear in past that my husband will get her money. She now wants to marry another resident there. I know little about him. Should I fight this? Think she wants to do this so I will no longer be POA. I worry he might want her money.

What a Mess.
Helpful Answer (0)
Reply to b8ted2sink
Report

If your sister is in AL due to cognitive/memory issues then read your PoA document and do what it says in order for your PoA to be in force (usually requires a medical diagnosis by her primary doctor). Get a letter of this diagnosis on the clinic letterhead and signed by the doctor. The letter should read that she has sufficient impairment that she now requires the management of her PoA for her affairs. This should be enough to make sure she cannot reassign her PoA and lose control of her money because you will have the purse strings.
Helpful Answer (0)
Reply to Geaton777
Report

Who is this man who wants to marry an 82 yr. old woman and Why?
As equally worrisome about Money Issues, it could be possible the old man still holds the testosterone and what we do not know -may be the Casanova of the Care Facility. Or he may also have asked Every Senior Lady to marry him ?
I would also wonder if he may make your sister sick and be spreading sexual disease at the risk of her wanting to "accommodate him". ?
In General-women are more Social and also can enjoy their privacy, particularly as we age. Does your sister Really want to become somewhat of a Caretaker again ,and/or share a 2x4 space with someone 24/7 , and forego her own moments of just enjoying her own life at this stage?
But then, who am I to know? I'm not in that same situation -one most come to dread -and I don't know what lengths I'd go to, either , to ease what may become idleness, loneliness, and having to coming to terms with the Reality of having moved to your last address on Earth.
Really sad. Give your sister a big hug for me and let her know -she IS still loved.
Helpful Answer (0)
Reply to b8ted2sink
Report

Read your POA and see what your responsibilities are. I was always under the impression that those with a Dementia cannot sign contracts. A marriage is a contract. As said, if they do marry, you are still POA and if Sister has a Dementia she can't revoke it.

I agree, ask about this man. Does he have family? Do they know about this marriage? Is the resident aware of this marriage? You may find his family agrees with you. If they both suffer from Dementia this marriage should not take place. You could fake it. They do have committment services. At 82 does it matter that its not real.

Update us on anything you find or come up with.
Helpful Answer (0)
Reply to JoAnn29
Report
Geaton777 Nov 2, 2024
JoAnn, I was very surprised by this and this is probably why it is the scammers' preferred method of insinuating themselves legally into a vulnerable elder's life and assets.

I'm now wondering if specifically adding "marriage" into one's PoA document would protect the principal from themselves in this type of scenario?
(0)
Report
Looks as though the laws on marriage may vary, but one thing is certain. With an incapacitated principal and you being POA the one thing you DO CONTROL is the purse-strings. You have control of the money; I would see an attorney to make certain that is all done properly at this time. Then a marriage doesn't matter whatsoever; you control the cash.

I think guardianship according to the internet cannot always prevent marriage, but it CAN insure you hold the pursestrings. Marriage means nothing in that circumstance and in that circumstance why should she NOT marry if she wishes to?
Helpful Answer (1)
Reply to AlvaDeer
Report
AlvaDeer Nov 2, 2024
Do know also, in all of this, that you need an elder law attorney consult to be certain your POA is now DPOA and activated fully by listing that your Sis is now incapacitated mentally. You need to be the signee on all accounts and assets, and you only. You need to be keeping meticulous records of every penny into and out of her accounts. That is to say you are in charge of keeping her assets safe. And you have been to each entity putting in your POA papers. This is a pretty long years worth of work in my own experience, but important for the safety of your Sis which is what POA is all about.
(1)
Report
I am assuming that since you are POA and the POA is "active" that your sister is not competent.
If she is not competent then she can not get married as a marriage is a contract and she can not legally enter into a contract.
**I just read Geaton777's response and I am surprised, it seems a bit odd that a person that is prohibited from doing many things can legally enter into a marriage. 😱 Ya learn something new every day!

I do think you should find out more about this "gentleman"
Helpful Answer (1)
Reply to Grandma1954
Report

Perhaps you could go along with it but make sure it's not legal - no marriage license. Have a sham wedding in her AL facility, she dresses up, an "officiant" pronounces them husband and wife, everyone toasts the happy couple and eats cake, and they're happy. It seems that I've heard of this happening somewhere in similar situations. Maybe an Elvis impersonator conducted the ceremony? I'm not sure, but it might be worth looking into.
Helpful Answer (1)
Reply to Fawnby
Report

Hopefully the other resident your sister is fixated on is already married (sad for his spouse of course) or declared incapacitated, or at the very least has concerned relatives like yourself who do not want to deal with all the complications that would ensue from a late-in-life, duo-dementia marriage!

What a distressing situation to have to deal with. Thinking of you.
Helpful Answer (2)
Reply to SnoopyLove
Report
b8ted2sink Nov 2, 2024
I know-Snoopy-I was thinking that same thing. What If the roles were reversed? For so long, and still can be, it was usually the man whose Family worried that a new woman in his life would "take him to the cleaners".
Your right-it is a concern for Both families, if they exist.
Even if the idea is forgotten , I think this is one of the saddest messages yet -and shows just how much our Elders in Care Facilities, and no longer living at Home, must feel like their abandoned and just drifting through Life. The sister may be just Longing for some Love and Attention from Family and expressions of really Caring about her.
It's sad that Money always has to interfere, so much so that other binding factors in relationships, even among the sisters, become so questionable, almost to a degree of Paranoia. Where is the Love?
(0)
Report
"She has expressed fear in past that my husband will get her money."

This may indicate she is in a phase of dementia where paranoia becomes a behavioral symptom. My 95-yr old Mom now goes in and out of this. Not every day and not necessarily every week, but I'm her only child and she lives next door to me and we've been helping each other for decades. She thinks I'm "hellbent" on putting her in a NH and taking her money. When she's "normal" she doesn't have these thoughts at all. She started Lexapro this past spring and I think it has help diminish those thoughts (and also depression). Please consult with her primary doctor on this.

Or, maybe she's having a delusion about marrying? This could also be a dementia symptom, or indicate a UTI. Again, consider testing her.

Don't do anything to move the marriage talk or action forward if you think she is really not herself. Change the topic discretely if she brings it up. Maybe consider consulting an attorney (not sure if this would be an elder law or marriage/divorce attorney).
Helpful Answer (2)
Reply to Geaton777
Report

Marriage does not in itself cancel a POA. I’m sure you know that many seniors, including married couples, appoint someone else younger to be POA. It’s not a good idea for an 82 year old to appoint another 82 year old as POA, for obvious reasons. If you stay as POA, would that alter your view about the marriage?
Helpful Answer (0)
Reply to MargaretMcKen
Report
b8ted2sink Nov 2, 2024
Bingo-Margaret!
(0)
Report
You will need to check the laws in her state to see what you may need to override such a decision by her. In the brief research I've done online it doesn't seem there's much, if any, barrier for someone with dementia to marry -- unless there's a court order preventing it:

"There is a capacity threshold for getting married, but it is very low. It is so low that you can have a conservatorship (also known as an adult guardianship) over someone, and they can still consent to marriage.

There has to be a court order stating that the ward (person with alleged dementia) cannot enter into a marriage contract. 

Because of that low threshold, there is nothing barring someone with dementia or Alzheimer’s from getting married.

This leads to frequent “Sweetheart Scams” where the elderly person is often lonely and open to the idea of new love and affection, and coupled with diminished capacity, can easily result in a confidential marriage.

So in short, no, unless there is a court finding that they are mentally incapacitated."

Source: https://www.justanswer.com/family-law/ntpcx-someone-early-stage-dementia-married.html#:~:text=It%20is%20so%20low%20that,enter%20into%20a%20marriage%20contract.
Helpful Answer (1)
Reply to Geaton777
Report
Redrobin99 Nov 1, 2024
Ty
(0)
Report
Your Sister has Alzheimer's. She will not be marrying anyone and especially another resident.
Time to talk to the administration of her nursing home. You as POA are, as long as she has no mental capacity to keep herself safe, there to keep her safe. And you, of course now that she has Alzheimer's and is in care, are responsible to handling ALL OF THE MONEY.
If you are not clear on your Fiduciary duty as her POA, then it it time now to see an attorney. Her funds pay for this expert help. It is important you fully understand your job here, as you are required to keep meticulous records of every penny into and out of her accounts.
Helpful Answer (4)
Reply to AlvaDeer
Report
Geaton777 Nov 1, 2024
Alva, see my response to the OP. The PoA has no power in this situation. The courts have to prevent it.
(0)
Report
See 1 more reply
Ask a Question
Subscribe to
Our Newsletter