My sibling and I have always shared POA responsibility for mom, both financial and health care. Mom lived with me for almost two years, and now she has been with my sibling for almost one year. My sibling informed me she is creating a trust for mom’s estate (with attorney who is personal friend) and I’m to be eliminated as POA. It will be solely my sibling as POA for the trust. When I pushed back and said that I was very hurt and upset, she got extremely angry with me. Mom is really unable to make any decisions at this point and she has not asked for the trust to be created, it’s all my sibling. Mom will do anything she is asked to do and sign anything. To me, this is borderline financial elder abuse. Can you please offer advice to me? Thank You
See if you can text sister and get her to say that again.
I would file a complaint with the BAR association against this attorney. They need to be stopped from exploiting a vulnerable senior in the name of friendship.
I would schedule some free consultations with attorneys and find out how to protect your mom. Start with a CELA and ask them if this is in their realm of practice, if not, ask for referrals and what type of attorney you need.
Your sister CAN NOT remove you from POA. Only you or mom can change that fact.
Because it is unclear what is going on here, I would hesitate to give any advice other than to see an attorney now for yourself, to comb out how things ARE NOW, and how they might change.
It is unusual, whether POA or Trustee, to have TWO Serving equally at once. Usually it is one serving, and the other the "second" in case needed.
You need an attorney to iron out what is happening now, and what powers the sibling has. Take all current documents with you.
Mom cannot sign Trust documents if she is incompetent. A competent attorney creating a Trust for her will want to see and examine her verbally.
If she is competent she can sign anything she wishes to, whether another suggests it or not.
See an attorney.
That said, neither a PoA nor a will/trust can be altered after a person is mentally incompetent to legally sign it. As has been said by others, an attorney who is doing this work is in violation of their law license.
That said, I have to wonder if the writer really understands the terminology and legality. It may be that "POA" was used as a term between siblings without any signed document. It may also be that the mother is now incompetent and needs a conservatorship. THAT would be a legal area in which the sibling's attorney can work.
Step 1: ensure you know the language and law.
Step 2: pull out the legal paperwork that your mom has signed, and the medical diagnoses your mom has which indicates her mental competence.
Step 3 and 4: Contact your siblings attorney to notify them of your documentation and give them your attorney's name and contact information.
Step 5: draft your extemporaneous notes and have no further contact with your sibling on this topic.
He called the attorney, told them what he wanted done & drove my mom to the lawyer’s office. Twice my mom with cognitive impairment wouldn’t sign but sibling kept harassing her until months later when she was released from the hospital she signed it.
The lawyer stated that she knew her name, date of birth, etc……..no competency tests were given.
Don’t wait…….hire a lawyer immediately! Best of luck to you.
2. I also will assume that you and your sister are co-POA agents for durable medical and financial powers of attorney.
3. You indicate that your mother is no longer competent to manage her financial affairs. Therefore, your sister will most likely have to take you to court to prove that you are not fit to serve as her co-POA agent as your mother is no longer able to.
4. If you and your sister are co-agents, state law and/or the POA document usually dictate how to resolve disagreements between you.
5. You should look at the POA document, which describes the powers granted to you and your sister. Often, the POA document must expressly state that the agents have the power to create a trust. Absent that, the POA might not have that power.
6. There is no such thing as a POA for a trust. There must be a trustee. A POA agent does not automatically take on the role of trustee. And your sister may be able to create a trust, but the trust must be in your mother's best interests.
7. You should have access to the terms of the trust your sister is setting up. If you think that the trust is not in your mother's best interests, you will have to engage an attorney. A letter written by an attorney to your sister stating the law in your mother's state may have an effect on her.
Suggestions, not legal advice.
This is sad, to have families torn apart by stuff like this--yet it goes on all the time. It seems that talking to mom is out of the question--right?
You best arm yourself with a lawyer.
A person cannot take POA away from someone and they can't make themselves POA. Only the 'intended' party. And if she's not able to make decisions--your sister's attorney is complicit in fraud. Perhaps they don't KNOW that mom isn't able to make her own decisions.
We DO have 2 poa's serving together. One YB is Medical and the other is financial. They work together, I guess. (I'm just a girl and you know how stupid we girls are.)
There are good reasons to set up a trust to protect your Mom's assets, so it's understandable your sister would want to do so. If your mother didn't have a durable POA, it's crucial to have one now. That makes sense. So the missing link is why is she eliminating you? Who would be the back-up if your sister could not act? Are you named in the Trust? Get that attorney's contact info. You should be present at the signing. Get to the bottom of it, calmly and without emotion - it's your right as a daughter and as current POA. Try to resolve this with your sister before she takes any further action.