Tag Archives: Power of Attorney

I am mom’s healthcare and financial POA. Nephew moved in. Can I charge him rent?

Q: My mom just let her grandson who is 45 move into her house. I told her don’t do it, not a good idea! She is 84 and has middle stage dementia (Alzheimer’s). She forgets from one moment to the next sometimes. She is of sound mind. I had to have an investigation for adult protective services because of my brother and nephew. It was unfounded. But how do you prove manipulation and coercion, etc. She raised her grandson so he has a hold on her. Myself and my husband have been helping her every day. She is still at home, but between us we would spend 5 hours a day at her house. My nephew is considered disabled and mentally ill. He says he couldn’t find an apartment. No one would rent to him. That’s because he has a record, has burnt his garage down, DUI, suicide attempts and the list goes on and on. I hardly have enough money to pay her bills every month. She had lost her husband a year-ago so her income reduced dramatically. Can I charge him rent being that I am her POA or does she need to make that decision? Her doctors won’t give me a statement saying she is unable to make decisions in her own best interest.

A: It may be an uphill battle. Your mother is still competent, albeit she has some dementia. As she is competent, even with the POA in place, she can still make all her own decisions. I understand your concerns. This grandson could potentially cause stress on her, may financially exploit her, and may be a detriment to her health. As her Agent on a POA, you can work to keep her money guarded. You can visit her banks, make sure the POA is on file and ask them to watch for suspicious financial activity like large withdrawals. You can explain the situation with the grandson. Also, if you feel the living environment is unhealthy, you can call Adult Protective Services and see if they will do a home visit and assess the situation. I would visit her as often as possible and monitor things before reacting.

84 year old friend needs a power of attorney

Q: 84-year old friend was harmed by fall and needs 24-7 caregivers. She has long term insurance policy. She needs a power of attorney for healthcare and finances. For me to fill out an insurance policy claim form on her behalf, she must give me power of attorney for health care and for finances. Her competence is questionable.

A: She needs to be competent to execute a Power of Attorney. The standard for a Principal’s competency required for a POA is higher than the competency level needed for a will. You need to confirm whether she is competent. You can do this by asking her doctor, if he will tell you, or take her to a lawyer who can assess her competency. My advice is to have her hire the lawyer and have him or her represent your friend, and not you.

I want to get mom’s house in my name but there are many legal issues

Q: My 83 yr old mom is in a health care facility and I want to get her home. There are many legal issues I need advice on. In January, our three story home suffered severe water damage by thawed water pipes in the attic and its taken four months to get the damaged materials out (inc. lead materials). I was sent a check payable to mom & her mortgage holder. I don’t know how to be sure that we’re getting contractual entitled benefits. I believe that there are circumstances going on that I don’t agree with. I need help to understand how to get the benefits she’s entitled to. FAST!! I’m in search of contractors now. They will be replacing walls & floors, possibly all appliances, for 3 floors in the back half of the house. That’s a lot of work. I just don’t know what detours the insurance company will send me to get everything

A: More information is needed. As long as mom is competent, and it is her desire, she can transfer ownership of her house to you by signing a deed. However, there other issues lurking out there that you need to be aware of. If she is receiving Medicaid, or may likely need to apply for Medicaid within the next 5 years, a transfer of the home to you for under fair consideration could result in her being ineligible for Medicaid. Plus, this is mom’s home. She may need to sell the home to pay for nursing care. Does she want you to have the home even if it means she cannot live comfortably in a facility of her choosing? In addition, mom will lose her Homestead Act exclusion for real estate taxes as well as any senior citizens discounts. Furthermore, is mom aware that any judgments against you will result in an automatic lien on the house if it is in your name? If you are having difficulty in dealing with insurance people and contractors, you may want to consider having mom sign a Power of Attorney over to you, either a specific POA or a General Durable POA, assuming she is competent. I think you could benefit greatly by consulting with an attorney.

 

Can we get an order for our brother to stop bullying my mother?

Q: Can we get a restraining order against our brother for bullying my mom for money. She is 85 and has given him over $100,000.00 My brother shows up at her house and won’t leave until he gets money. Mom feels intimidated and says he won’t leave. She says she is being punished if we get on her accounts with her to stop this. Any other ideas how to stop him if we can’t get a restraining order?

A: Mom can do this if she wishes, and you can assist her. She would need to file for a Petition From Abuse Act hearing. If she is mentally incompetent, you will need to seek a guardianship of her so you or another family member can file for her. I think the best thing to do, and I know it is not easy, but is to have a family talk with the brother to let him know what damage he is creating and to lay off, or legal remedies will be pursued. A lawyer could guide you through this stressful and complicated family situation which involves criminal, civil and family laws.

 

Can my sister charge 65K for caring for my father?

Q: Can a person pay themselves for care giving when the person being cared for lives full time in a care giving facility? My sister paid herself $60,000.00 as a caregiver to our father retroactively for 2011 and 2012 while our father lived with her. She had him sign a POA (revoked to herself only) in October 2010. Most of that time, he was self-sufficient and allowed to come and go as he pleased. They left a key for him outside of their house. She works full time. He has Alzheimer’s and caring for him did become harder. He was moved to a home in April 2013. She has paid herself a total of $64,000.00 for 2013, 2014 & 2015. At this point it would be my contention that she is only performing duties of a POA and not providing care giving services. How can she when he is receiving around the clock care in an Alzheimer’s facility? She is not doing very much that I can see. (Scott Township, PA)

A: You should speak with an attorney. If the POA appointed her as caretaker and authorized payment at the going rate, or if she was operating under a legal caretaker contract, then she meets the first hurdle in my opinion. She would need to justify her payment by showing a record of the hours she worked, services performed and costs paid out of her pocket to. If the POA did not authorize her caretaker services and she over billed, you can challenge this in court. It will require the services of a lawyer to examine the POA and advise you about filing for an accounting. The sooner you act, the better, as she may burn through the money and then collecting it from her may be a futile effort. Also, you can call adult services if you think father has been financially exploited. Also, here is a potential Medicaid issue here your father ever needs to qualify, which you should discuss with the attorney.

My grandmother lives with me and I cannot take care of her anymore

Q: My grandmother lives with me I work a full-time job and no longer help to take care of her. She cannot make rational decisions and physically cannot take care of herself. She does own her own home. I have no POA. She will not let me help her with any of her finances. I take her to the bank and to pay her bills. She needs 24-hour professional care. I need help, how do I send her to a home if I don’t have any say so and cannot access her money. (West Homestead, PA)

A: I am sorry for your situation and understand the stress it can cause. You need professional help. I would contact her doctor to have her examined and assessed. Not only for her well being but for Also, see a lawyer about a guardianship-either plenary or of the person. If a guardianship is granted, the money to pay expenses comes from her estate and you won’t have to pay.

Friend abandoned in a nursing home?

Q: I have a friend who has been abandoned in a nursing home. What steps can I take to make medical decisions on her behalf? My friend suffered a heart attack and was to never wake up. She was put in a home. She has since waken up and can speak she knows peoples places emotions. Her son is in jail and her daughter is on drugs really bad no one has seen her since Christmas last year. But she has been collecting checks on her mother’s behalf. The staff can’t even let us comb her hair and they can’t get her into speech and physical therapy without her daughters consent. She is making so much progress and she could even make more with the right care. The staff says she is not ready to speak on her own care yet. I don’t want money or anything like that I want to be able to make medical decisions for her. Any help would be greatly appreciated. She is a part of my family.
A: If she is not competent to sign a Power of Attorney to you, you probably should consult with an attorney about filing a guardianship for her. The guardianship fees, expenses and attorneys fees can come out of her income and assets, and you should not have to pay.

What do I need to do to prove my father incompetent?

Q: He has moderate to severe Alzheimer’s. I have durable POA.He is becoming more paranoid. He lives with me and my family and I currently care for him full time. He speaks more frequently about taking out all his 401k money so he can see it and use it on a moment’s notice, sell his house and move out of ours. He is not capable of cooking, taking his meds, or transporting himself very well (as he has severe arthritis in his knee and uses a power chair almost exclusively. He has no driver’s license and continues to insist he can drive and will not relinquish his car. He is only fully lucid about 10% of the time.

A: The General Durable Power of Attorney is an extremely effective and cost efficient document to assist another person with their affairs. However, when that person becomes out of control, resistant and puts themselves or their assets at risk, you may need to file for a guardianship. This will involve obtaining an opinion from his treating physician that your father is unable to manage his own affairs. You really need to sit down with an attorney that does guardianships and review all of the information.

Can father refuse medical treatment?

Q: Can my father, who is 95, in end stage renal failure but of sound mind, request that his pacemaker be deactivated. The cardiologist has refused. Can he be compelled?

A: He can request, but I doubt if a cardiologist would open himself up to potential litigation by doing so. The doctor took a Hippocratic Oath to sustain life. If such a move is likely to result in death to the patient it is doubtful the physician would put himself in an almost Dr. Kevorkian situation. Is there a Living Will in place? Did your father execute one in the past? If this documents exists, get a copy to the doctor and discuss life sustaining treatment with him.

Can my brother challenge my Power of Attorney?

Q:  I have POA for my mother, and I am the executor of her will. When she sold her home, (she lives with my husband and I) we split a home. All 3 of us are named on the deed. My brother is wanting the house to be listed as part of her estate. Can he take us to court to make that happen? We intend to buy out moms half when we all move there when I retire in 5 years. For now it is a vacation home.

A: My thought would be that he could challenge any transfer done by you via the POA or by mom when she was under your care. But, he would have to prove that she was incompetent at the time or under undue influence or coercion. This is hard to prove and any attorney he may speak with will advise him so. These types of allegations need to be proven by clear and convincing evidence. I do not have all the facts here and am not entirely sure I understand your situation. I highly recommend that you speak with an attorney with whom you can share all of the information.