Tag Archives: Power of Attorney

My aunt will not give back grandma’s house and cars in Ohio

Q: Aunt was over seeing my grandparent’s accounts and house. She was screaming at them and mocking them. Eating their food and spending their money. They asked to be rescued. I got them out of state back to PA from Ohio. Now my Aunt doesn’t want to relinquish house or cars. The police in Ohio won’t help, they say it’s PA’s problem. PA police here say they cannot force her to give up the keys in Ohio. Please give me a next step. Grandma had dementia but Grandpa has full faculties. (New Castle, PA)

A: Way more information is needed to answer this thoroughly. Is the aunt acting under a POA from grandfather or grandmother? If not, she should not be able to exercise custody of another person’s home or personal property. I think you should take your grandfather to an OH elder law attorney and have him execute a POA to you or someone trustworthy to handle business in OH. Perhaps you can find an OH lawyer who is licensed in PA. Once this is done, the Agent on the POA can go to OH, change the locks on the house and get the police involved. I think a letter from an attorney in advance to the aunt providing notice that she is in violation of the law and providing fair warning will help. If the aunt continues these actions, she is a trespasser in the home and an unauthorized user of the vehicles.

What options do I have?

Q: My aunt is in the hospital and she has no children, no husband. She has sister in another state that cannot come see about her due to her own medical issues. My aunt has nieces and nephews that are in the same city with her, we can’t make decisions because she has siblings. (Turtle Creek, PA)

A: It appears she needs someone to assist her. If she has no one else, and you want to help her and act in her best interests, you have two options. If she is competent, she can appoint you as her Agent under a Power of Attorney. If she is incompetent, she will not be able to sign a Power of Attorney. In that case, you can petition the court to be her Guardian. You will need an attorney to do either, and I highly suggest a consultation with one.

WONDERING IF SHOULD I GET A POWER OF ATTORNEY?

Q: MY MOTHER IS VERY ILL. RIGHT NOW I AM TRYING TO WORK ARRANGEMENTS WITH CREDITORS TO CATCH UP ON HER BILLS THAT HAVE NOT BEEN PAID. I WAS TOLD THAT I WOULD NEED TO GET A POWER OF ATTORNEY OR LIVING WILL. WHAT OPTIONS DO I HAVE TO HELP WITH HER AFFAIRS BUT NOT TAKE THE FINANCIAL BURDEN ON WHEN SHE PASSES?

A: If your mother is still competent, she can sign a Power of Attorney. My suggestion is to have her consult with an attorney to ensure that the Power of Attorney drafted will give you the specific powers that you need. By becoming her agent on a POA, you do not assume any financial responsibility for her debts as long as you do not exceed or abuse the powers granted to you.

A sibling wants my dad locked away in a nursing home!

Q: It is obvious that my father wants to go home. It is obvious that he would not have granted my sister power of attorney if he’d known she would do this when he was helpless. He wasn’t helpless about a week ago, but he fell out of bed reaching for something and scraped his scalp. My sister pounced on the chance to call 911 and have him taken against his will to be checked. He was admitted for observation simply because he’s very old. He resisted and was injected with Haldol for days. My sister consented to it for him despite reams of information I’ve sent her about its lethality, or perhaps because of it. The hospital made him a drooling wreck and said we could not care for him at home with his wife. In the nursing home, they use heavy doses if Ativan. At a care conference at his bedside, the staff and my sister all agreed that he could not be cared for except in a nursing home. Of course, he can’t, he’s a bag of Aricept and Ativan. If they keep giving him Ativan, he’ll become an addict. If they keep giving him Aricept, he’ll stay crazy. He’s been deemed incapable of making good decisions, so he can no longer get himself out of there. (Ben Avon, PA)

A: This is a difficult situation. I think his competency is the key. If he is competent, he can sign himself out, override the POA or revoke the POA in writing. If he is incompetent, then your only choice, if you cannot work this out with your sister, would be to file a petition to be his guardian. An order of court appointing you as plenary guardian would nullify the POA. If you can get a copy of the POA, I would review it with an elder law attorney who handles guardianship law. He or she can advise you on what would be involved in seeking to be his guardian.

My Mother is aging and health is declining. I need some legal advice on few options?

Q: Currently I am the primary care person for my mother. She started to decline last year after she had congestive heart failure. She is at home and my brothers and I cover time in-between. There are times she goes without coverage for a few hours. She is starting to have a fear of being alone. We are wanting to possibly work with a lawyer to help guide us through the process and find a solution that will last without bankrupting her in two years. (Pittsburgh, PA)

A:  It is good that you recognize the need for an attorney. No one can answer exactly what legal services your mother needs without knowing more information, including the extent of her assets and how they are titled, her health, her health insurance coverage, her long- term disability coverage if any and her competency, it will likely be necessary to have the attorney draft a General Durable Power of Attorney, Last Will and Testament and a Living Will. Advice on the potential of Medicaid funding may also be helpful.

Is there a POA that will not allow real estate transfers?

Q: My older sister wants to be POA over my father to handle his finances, bank accounts, insurance, etc. But, my father doesn’t want to give her authority to sell/transfer/liquidate his real estate property. He would like to have a will done to include his three children receive shares of the real estate property. Please advise on what steps to take to insure his wishes are carried out since he is 84 years old and my mother just passed away on 5/25/17.

A: The “powers” portion of a General Durable Power of Attorney can be tailored to fit a particular need. Your father should make an appointment with an attorney and have the attorney draft a POA which removes the specific powers which authorize an agent to transfer real estate. Limiting language can be added to the effect that he does not authorize his agent to sell, transfer or liquidate his real estate.

What kind of lawyer do I hire for an emergency guardianship?

Q: My sister who has been POA since 2015 has set in place a Personal Care Contract as she is the primary care giver to deplete my father’s assets to seek Medicaid in the future. He has a house being sold in 45 days. He won’t be eligible 5 years and he is at stage 6 of Alzheimer’s. She has breached her fiduciary duties in many areas, depositing his money in her personal account, has been deceptive in not posting promissory notes payable to me. I am not on the PCC. We all just learned that this lifetime contract is payable in a lump sum at the closing of the house. She said she is taking half which equated to $180,000. She has abused her role as POA. She has breached her fiduciary duties and is using this PCC to her own benefit as she is currently on the market for a house. A top-rated Medicaid attorney has drafted this PCC but my sister is not being fair as her greed for money has overstepped her bounds of looking for the best interest of my father. What are my rights? (Pittsburgh, PA)

A: There are several red flags here, at least the way you describe them. Depositing a principal’s money in her own account while acting as an agent in a fiduciary capacity, is a big problem, if true. If your suspicions are accurate, one of your remedies would be to hire an attorney to file a Petition for Accounting which would result in her having to file an account of all his funds spent by her. If warranted, you could simultaneously file to be her Guardian. Without more details, I the only advice I can give is consult with an elder care attorney versed in Medicaid regulations. It may be well worth the consultation fee.

Can I review the actions my aunt is taking on behalf of my father under a Power of Attorney?

Q: My dad has Alzheimer’s Disease. My aunt is his Power of Attorney and has been making some questionable financial decisions on his behalf. I saw the Power of Attorney a few years ago, and I don’t remember much detail about it, but I do remember it expires this year. When I asked my aunt about the Power of Attorney and her actions being taken under it, she says she has an attorney and cannot speak to me about it. As my dad’s son, do I have a right to see this Power of Attorney? Can I question my aunt’s actions and hold her responsible for mismanaging my dad’s estate? Can I remove her as Power of Attorney and have her held responsible for her actions while my dad is still alive?

A:  Your aunt has no legal obligation whatsoever to show you the power of attorney or give an accounting to you, unless she so chooses. People seem inherently suspicious of Agents under powers of attorneys and most often for no legitimate reason. If you get nowhere with her or her attorney by making an informal request, and, you still are convinced there is questionable activity, you will need to hire a lawyer. If the lawyer’s informal inquiries are denied, he or she can file a petition for accounting and force your aunt to produce an accounting of all her expenditures on behalf of your father. You can then review the accounting with your lawyer. If you still think there are questionable issues, you can start procedural record producing requests and ultimately drag her and her attorney into court on a Petition for Accounting for a no-rules barred legal cage match.

How do we get the property back?

Q: My aunt oversees my grandmother’s finances and property. We recently discovered a transfer of one of her properties, which has a value of over 1/2 million dollars, has been transferred into my aunt’s name for no price. She admitted to putting in her name but my grandmother hasn’t said anything. My grandmother has five other children and my aunt did this behind my family’s back. Even if my grandmother granted this, which I don’t think she did, she no longer has a sound mind and has a problem with her memory. My dad plans on talking to my grandma but at this point is there any way to resolve this? (Pittsburgh, PA)

A:  These family situations are difficult. It is always possible your grandmother wanted your aunt to have the property. If you want to examine the transfer, hire a lawyer to look at the deed and the entire situation to determine if there are any red flags surrounding the transfer. Is your aunt operating under a valid Power of Attorney? Is the deed legally sufficient? You never know what you may find out. If the deed was prepared by an attorney he or she would have or should have examined your grandmother for competency prior to signing the deed. If you have an opinion from her doctor which states that at the time she signed the deed she would have been incompetent you have a stronger case. If your case is based on speculation, gut instinct, and suspicion, you will have an uphill battle. If you find that there are legal grounds to challenge the deed, an attorney can file a petition to rescind the deed or a quiet title action in court.

Can I get power of attorney over my mother?

Q: My mother is extremely ill and is refusing to get medical treatment. I’ve threatened to call an ambulance, but she says that she’ll refuse to go to the hospital. Can I get power of attorney over her? If I can’t, can I have her sign something that says that she refused all medical treatment, that way I won’t be charged with anything? (Aspinwall, PA)

A: If she will not voluntarily sign a Power of Attorney over to you or someone else, you cannot compel her to. If she is competent and wishes to sign one, call an attorney and set up a consultation. If she will not, or cannot, sign a power of attorney, you will have no choice but to seek a guardianship over her. It would be wise to consult with a local elder law attorney to determine if filing to be her guardian is advisable.