What can I do to get Durable POA, or will my Medical POA hold up in a court setting?

My sister posed as owner of the trailer in the police report and to the insurance company.

Mom is in a nursing home has been since May of this year. Mom is on Medicaid. My sister does not have DPOA. The only claim to the trailer my sister had was if anything of Hers was damanged in the accident. My sister knows that the title of the trailer IS still in Mom's name.

The insurance company said that my sister was third party and they had no reason NOT to believe that she WASN'T the owner of the trailer, that is why they gave her the check.

I've also contacted jobs and family services for their advice and I am waiting to here back from them.

My sister wants to pay off the current utility bills from the trailer and then cut the nursing home a check; that is all ok, except for the fact that we still haven't planned Moms end of life care (funeral costs) which would make sense to do.

Sahara, there is just not enough information here. Why would the insurance compnay pay your sister? Does she have power of attorney?

Where is your mother? Is she in a nursing home? Is she on Medicaid? If the trailer was in her name Medicaid would expect the money to be used for her care.

I guess I'd start by contacting the insurance company to see why they made the check out to your sister.

Someone drove into my mother's trailer and the insurance company deemed it destroyed. My sister was living in the trailer in case a miracle came out for Alzheimer's; she was keeping the trailer up. The insurance company cut her a check even the title of the trailer is Moms name. Sister won't give up the check so I can continue taking care of finances.

you might have to do guardianship. I think poa has to be given to you but i am no expert..

Does someone else have DPOA now? I assume that your mother is incompetent in the legal sense and hence cannot designate you (or anyone) as DPOA..

What kind of transaction do you need this authority for? Maybe someone will know an alternate way of doing it.