power of attorney
my mother is in a nursing home. her doctor has advised her that she may not go home to her husband, who is emotionally abusive and only interested in gaining control of her finances, for more than a few hours and then only with supervision. does she have the right to leave against the doctor’s orders. my brother and i have durable power of attorney. we are concerned about her welfare considering the fact that she cannot walk, and my stepfather has suffered several strokes and cannot use his right leg and arm and cannot drive.
Category Archives: Elder Law
Durable Power of Attorney A sibling and I were both given Power of Attorney…
Durable Power of Attorney
A sibling and I were both given Power of Attorney over our mother’s financial affairs with the ability to act separately 2 years ago. My mother revoked my sibling’s power of attorney status after he had been executing stock transactions on her account without first advising her and me of his intentions.
The revoking of Power of Attorney ”devastated him” and he is trying various ”ploys” to have the status returned. He claims he is not able to consult with my mother’s stock broker, accountant, banker, insurance agent, etc. unless he has this status and that he is in violation of the law if he acts on her behalf or provides investment advise to her without it.
Is this true or is this a power play to have his ”power” returned to him?
Overturning a power of attorney My 81 year old mother lives in Florida with my…
Overturning a power of attorney
My 81 year old mother lives in Florida with my unemployed brother. My mother has had all the signs of dementia in recent years, but has never been to a doctor. (she refuses) Last year, unbeknownst to the rest of the family, my brother had gotten her to sign over ”power of attorney” to him and he also took out a $30,000 loan on her fully paid for house. He then never paid a mortgage payment and the house was up for foreclosure in less then a year. None of us were aware of this until a family member spotted it on the on-line official records for that county. I reported all this to elder abuse, but the Department of Children and Families who handle the cases were very negative and unhelpful. The house was saved by a third party, but almost 1/2 of the equity was lost and the $30,000 was never accounted for though there is good speculation it was used for my brother’s back child support. Right now, I am only interested in getting my mom up to Maine to live here in an assisted living residence. She seems to want to do that too. First of all, will it be hard to get this durable power of attorney overturned? Secondly, isn’t what my brother did exploitation and punishable in a court of law?
What do do when there is no durable power of attorney My Grandfather is in the…
What do do when there is no durable power of attorney
My Grandfather is in the advanced stages of Alzheimer’s. To date he has refused to sign a power of attorney. He has been getting increasingly aggresive with my Grandmother and has recently started to threaten her. He still functions on many basic levels, but cannot remember events from one minute to the next. From the research I’ve done, it sounds like when the time comes that he needs to be placed in a long-term facility our only option will be requesting that the courts appoint a guardian. (I love him dearly, but I also know that he will never willingly leave his home.) I guess my question is, is a guardianship the best way to handle this? It is getting to the point where my Grandmother’s safety may become an issue. At the same time, if we remove her from the home there is no way the he can survive day to day. I appreciate any advice you might have. I am lost.
durable power of attorney can a family member take the parents from their home…
durable power of attorney
can a family member take the parents from their home in florida and take them to birmingham,al and then have them sign a form when they are not fully understanding what they are signing? Can this be voided since it is not worded on the POA?