Our brother has given a Power of Attorney to a non relative. What rights do my sister and I have?
Our brother has given a Power of Attorney to a non relative. I feel this person is using it to get all his money and our Family farm. What rights do my sister and I have to keep this from happening?
POA's become "active" only when the person becomes incapable of making his/her own decisions. You can't do anything about that right now. This is your brother's choice, whatever reason he had, this is what he did.
Once our brother dies, the POA is null and void. The executor takes over. So POA's are not the scary legal things we often think them to be. Has brother made this person his executor also? That might be concerning.
A POA cannot write checks to himself willy-nilly....that's illegal. You may need some legal advice on how to proceed, since it seems you are concerned about a possible inheritance.
Is the Farm in his name and only him on the deed? Is he of sound mind? Then nothing you can do. The duties of a POA is to handle a persons finances and Medical when they are no longer capable. My Moms POA read that I could sell her home for her care. A POA cannot use monies for themselves. But you would have to prove that by suing. Now, if the farm was left to all of you and your on the deed maybe this should be mentioned in the POA that the house and property cannot be sold because brother is not sole owner.
In normal circumstances you and your sister have no right to decide whom your brother may appoint to act for him.
If you dispute the validity of the POA - for example, if you believe your brother was not of sound mind when he created it; or if you dispute the fitness of the person he appointed - for example, if this person is a convicted felon; or if you have factual evidence of misappropriation or misuse of your brother's funds; or if you have grounds to suspect the person of fraud connected with the family property
then in the case of the suspected abuses you can report to APS, and in the case of suspected crimes you can go to the police, or if you wish to challenge the POA and apply for guardianship instead you will have to go to a lawyer.
People who avoid giving POA to family members often do have their own good reasons, though. Any idea why your brother made this choice..?
8 Answers
Helpful Newest
First Oldest
First
Once our brother dies, the POA is null and void. The executor takes over. So POA's are not the scary legal things we often think them to be. Has brother made this person his executor also? That might be concerning.
A POA cannot write checks to himself willy-nilly....that's illegal. You may need some legal advice on how to proceed, since it seems you are concerned about a possible inheritance.
ADVERTISEMENT
Brother cannot appoint a P O A to act on your behalf, or to dispose of your property.
If you dispute the validity of the POA - for example, if you believe your brother was not of sound mind when he created it; or
if you dispute the fitness of the person he appointed - for example, if this person is a convicted felon; or
if you have factual evidence of misappropriation or misuse of your brother's funds; or
if you have grounds to suspect the person of fraud connected with the family property
then in the case of the suspected abuses you can report to APS, and in the case of suspected crimes you can go to the police, or if you wish to challenge the POA and apply for guardianship instead you will have to go to a lawyer.
People who avoid giving POA to family members often do have their own good reasons, though. Any idea why your brother made this choice..?
Whose name is the farm in?