Follow
Share
This question has been closed for answers. Ask a New Question.
Find Care & Housing
HelpMomPls: Perhaps you should retain an elder law attorney.
Helpful Answer (1)
Report

Perhaps it is time to move towards court involvement for guardianship/conservatorship. If you feel the POA is not acting for the proper well-being of the involved person, then you start with a report to Adult Protective Services with your concerns.
Helpful Answer (5)
Report

By message to me our OP believes that there may be some fraudulent activity on the part of the Primary POA and I suggested a trip to an attorney so that the courts can check bookkeeping on accounts. Only they can do that.

Apparently the primary POA is refusing to give up being POA. Only a court can assess and remove her because no POA owes another person a copy of records, and only the courts can assess a Fiduciary's actions. It may be time for OP to gather any proof of wrongdoing and to see an attorney.
Helpful Answer (6)
Report

I don't know if this helps but I am medical and financial POA for momma. Bro is secondary. I live 5 hrs away and momma is having more medical issues. She is almost 89. Instead of me having to drive over back and forth alot bro takes her to most of the apts. Sister takes her when bro cannot get off work. I step in when we have major major problems.
Helpful Answer (1)
Report

Are they unable or unwilling. If unable due to incapacity, can their DPOA provide a letter stating that? If unwilling would they be "willing" to sign a letter of resignation or something to that effect? Check with your attorney or the attorney who drafted the document as to what documentation is required in your state but these are the things I would think would do.
Helpful Answer (2)
Report

The people wanting to speak with the POA will attempt to reach the POA. If they are unable to they will contact the alternate listed.

Is this more complicated by something you can tell us?
If you can tell me your circumstance I can help give you info for the exact situation you are dealing with.
If the POA is currently permanently incapacitated and there is a situation in which you must now act for an incompetent principal I can tell you what you may need.

The very best thing to do if the incapacitation of the primary POA is permanent is to see an attorney with proof of this documented, and with your POA papers. This may need a court action to make you primary POA.
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter