Valid and binding POA

This is a discussion on Valid and binding POA within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I have a friend who is 49. She lost her job 3 years ago and still lives at home. She ...

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Old Apr 5th, 2008, 01:11 AM   #1
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Default Valid and binding POA

I have a friend who is 49. She lost her job 3 years ago and still lives at home. She has not looked for a job, but stayed home to care for her elderly parents. Her mom passed away last summer. Her dad has Parkinsons and dementia. My friend is one of 6 kids and all of them live here but one. They live in the state of Missouri. She and one of her sisters are Power of attorney's. Her dad is not in good health. I do not really know what happened a year ago, but her brother in law was over one day (they do not get along at all) and said he was going to take over as Power of Attorney. Well, she now has reason to believe he has. He has accused of her of abusing her parents, which is the farthest thing from the truth. She has taken them to dr. appts, church, shopping, done the grocery shopping, cooked the meals, fixed their meds ect. The only thing they could accuse her of is spending her dads money since she does not work. She goes out with her friends sometimes. I do not know how much of his money she spends, but it is mostly for going out to eat with friends, to the movies, not a lot but some, and a few other activities here and there. If she were to go to work, they would have to pay someone to come in and stay with him and that would cost alot. She does not get along well with her siblings and feels that should her dad pass away or be moved to a nursing home, they would all want to sell the house and force her out rather quickly.

Is it possible for the brother in law to just step in, talk to the atty. and take her off the paperwork so she has no say what so ever without her permission?

Lexi
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Old Apr 6th, 2008, 03:59 PM   #2
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Default Re: Power of attorney

He cannot do that if she has a valid and binding POA and if she has any issues with what he is doing she can also file in court and get an order that would require him to cease such actions or to take all actions through the court.

She may want to have her own lawyer review all of this in some detail, and advise her on her rights.
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