My father was given the POA of his sister and he doesn't want to be POA. What can he do?

Question

A

Aml1580 Asked June 2018

My father was given the POA of his sister and he doesn't want to be POA. What can he do?

He is 88 yrs old. DHS stepped in and removed the 1st POA. He had been battling the now former POA because his sister was being mistreated by the POA she made when she was still competent to do so. She now has dementia. He had to tell DHS he was going to sue them if they weren't going to step in and help him. He wasn't expecting this POA to choose him. He thought her only daughter would be chosen. There's nothing wrong with the daughter. She has helped us tremendously. Has been talking to the DHS agent almost daily. She is my cousin and I have explained to her my dad, new POA doesn't have the energy to do everything with selling the house. Getting it ready (cleaning and clearing out the house). Again he's 88 yrs old. What can he do? All he wants is to watch over his sister and visits her every day at the assisted living home the family has moved her to. What can he do to change the POA?

Alzheimer's & Dementia Elder Law Power of Attorney (POA)

5 Answers

Most
Helpful Newest
First Oldest
First

Recent Questions

Related Questions

score 0 · Answer 1

What if neither child wants POA and there is no one else? There is no estate.

Helpful Answer (0)

score 0 · Answer 2

ok I just checked the DHS papers. It is a temporary order until a court hearing this month. Thank you all anyway. He made it sound like it was final.

Helpful Answer (0)

score 1 · Answer 3

Having POA doesn't oblige your father to do all of the work for his sister single-handed. He can authorise other people to do that, the house clearing, the sale and so on; and he can use his sister's funds to pay for the services required.

If it's still too much work, perhaps he can ask his niece to assist him as project manager. And if it's STILL too much, he can resign his POA. But it would be a good idea to seek legal advice first, and perhaps have a guardianship application ready to submit so that there won't be a period when nobody has the authority to act on your aunt's behalf.

Helpful Answer (1)

score 1 · Answer 4

If she has Dementia she is not able to assign a POA. I would think DHS does not have that authority. Why an 88 yr old brother and not her daughter. Are you sure he wasn't secondary on the original POA. A POA cannot choose someone to replace them. Only the person who assigned the original POA can revolk and assign another. As a government agency the DHS should be aware of this, if not someone other than Dad should talk to them. The only option now would be for the daughter to obtain guardianship and she can use Moms money. No one has to except POA. I really think that those assigned should sign off that they except the responsibility. I was with my Mom when hers was drawn up and have noticed that I was never asked to sign.

Helpful Answer (1)

score 0 · Answer 5

I don't know what your POA says specifically, and the terms of the POA generally dictates how successor POAs are appointment.

Is there anyone else named as a successor POA, or is your father the last named successor?

Is there any language in the POA as to your father appointing a new POA at his discretion?

Finally, no one is forced to be POA - a person can choose not to serve. If there are no other POAs to succeed or no appointment powers, and no legal competency for his sister to execute a new POA, the family may wish to move to a conservatorship/guardianship to appoint her daughter as the legal representative for her mother or at least discuss options with an attorney in their state (states have different POA and guardianship laws - it's a good idea to check with an elder law attorney in the state where she resides as to options).

Helpful Answer (0)

My father was given the POA of his sister and he doesn't want to be POA. What can he do?

5 Answers

Recent Questions

Popular Questions

Related Questions

Ask a Question