durable power of attorney and living will
I have been taking care of my mother CA since late 2005. I pay her bills and groceries online -with her ok, do her income and real estate taxes and have spent a lot of money in good will. The POA said my bro and I could act separately. He was annoyed telling her I could steal from her since I already had access to $. I can prove this false. Well, the POA”disappeared” and I told my brother w needed a new one. He took mom to a lawyer in 2008 (fall) and this is what ensued: 1. A new POA where ”we must work together” (he lives in Atlanta and I in SF); 2. A Living Will w/o a separate healthcare proxey that states we must both make joint decisions of her health 3. The original will he has, and I am the executor. There is no trust. The problem is now we have to cosign, we argue constantly (I do all the work. I came to visit, found a disaster, put her in hospital, and have been here in NY for 7 weeks.). The POA is not usuable, and per my lawyer, the living will is invalid: we are joint agents (need 1 in NY). She likely lacks capacity to change her docs. Should I file for sole guardianship? The stress of arguing is killing me; he threatens everyone; there was also
no attorney/client priveledge when the docs were done.
Category Archives: Elder Law
Power of Attorney Can I place two names as agents on my durable power of…
Power of Attorney
Can I place two names as agents on my durable power of attorney? I have two daughters and would like to make them both agents.
Sibling trying to divorce parents using POA I found reference on the world wide…
Sibling trying to divorce parents using POA
I found reference on the world wide web to the assertion that an agent (aka attorney-at-fact, principal) can’t prepare a Will, vote or seek a divorce on the principal`s behalf at http://www.durable-power-of-attorney.com
Needless to say, I have a sibling with a Durable Power of Attorney (granted by my father before he was declared legally incompetent) who is now trying to divorce my parents. Is there some general legal reason (eg. constitutional, statutory, etc) that prevents someone (like my sibling) from using a Durable Power of Attorney to do just that (eg. divorce my parents). I am specifically looking for some legal doctrine, principal of law and/or previous judicial precedent that prevent a sibling from divorcing my parents!
It is hard to believe that someone other than my mother and father could divorce the two of them. After all, it was my mother and father who decided to get marrired in the first place. How could someone else decide that two people shouldn’t be together and then seek a divorce on their behalf?
what”s the difference between a general power of attorney and a durable power…
what”s the difference between a general power of attorney and a durable power of attorney
Disqualification of ”attorney-in-fact” pursuant to a durable power of…
Disqualification of ”attorney-in-fact” pursuant to a durable power of attorney
How do you determine if a surviving spouse is mentally incapable of fulfilling the ”attorney-in-fact” after the death of her husband and what should the altenate do to establish that fact?