POAs are the ability to act for a person, with their best interests as the motivation and to do as they would do if they were mentally competent to make these decisions.
Saying someone is incompetent and proving it are very different.
What are they doing that bothers you?
Is their activity endangering your mom? Are they committing illegal acts? If yes to any of these, you can contact law enforcement and deal with it legally.
POAs do not allow you to take any thing from the person, it only allows you to act in their best interests. If selling the property for moms care is in her best interest you may be able to pull it off, however, you will have to have her notarize the POA that states require for property transfers of anyone besides the legal owner. Talk to an attorney if she is truly unable to make good, safe decisions. Remember, the law doesn't care if you aren't happy with the situation, they care if your moms rights are being violated.
Cover your butt every way possible if you pursue this course of action.
You need to read the POA. Mine did say I could buy and sell in Moms name. I thought at the time this was a little sketchy and could be used wrong.
You can't "take" the land. You may be able to sell it for her care if she no longer can make informed decisions. Which what would need to happen if she needs Medicaid for her care in a NH. If you sell, it has to be at Market Value and the money put aside for Mom and only used for Mom. Be careful what you do because someone could come back and ask for an accting. Anything you do needs to be for Mom, You can spend none of her money for yourself. Once she passes, your POA stops. Then the Executor takes over.
If u r unclear what your responsibilities are, talk to the lawyer who drew up the POA.
Ozzy, what are the grand-kids doing that your Mom feels it is fine, but you feel the opposite?
As worriedinCali had written, a Power of Attorney doesn't give you the right to take any of Mom's assets at this time. If Mom needs money for her care, you would be able to sell the land, and other assets.
If the land doesn't need to be sold, then the land goes to whomever your Mom had written in her Will. If Mom has no Will, then a Probate Court would need to decide who gets what.
No. POA doesn’t give you control over your mom. You can’t take land from her either. You have POA FOR her NOT OVER HER. POA allows you to make decisions on her behalf when she cannot.
No. If she needs care and is competent she can agree to sell it, but all monies would have to be used for her care. POA is NOT guardianship. As long as she is competent, she makes the decisions. Your job as POA is to help her execute her decisions.
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Saying someone is incompetent and proving it are very different.
What are they doing that bothers you?
Is their activity endangering your mom? Are they committing illegal acts? If yes to any of these, you can contact law enforcement and deal with it legally.
POAs do not allow you to take any thing from the person, it only allows you to act in their best interests. If selling the property for moms care is in her best interest you may be able to pull it off, however, you will have to have her notarize the POA that states require for property transfers of anyone besides the legal owner. Talk to an attorney if she is truly unable to make good, safe decisions. Remember, the law doesn't care if you aren't happy with the situation, they care if your moms rights are being violated.
Cover your butt every way possible if you pursue this course of action.
You can't "take" the land. You may be able to sell it for her care if she no longer can make informed decisions. Which what would need to happen if she needs Medicaid for her care in a NH. If you sell, it has to be at Market Value and the money put aside for Mom and only used for Mom. Be careful what you do because someone could come back and ask for an accting. Anything you do needs to be for Mom, You can spend none of her money for yourself. Once she passes, your POA stops. Then the Executor takes over.
If u r unclear what your responsibilities are, talk to the lawyer who drew up the POA.
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As worriedinCali had written, a Power of Attorney doesn't give you the right to take any of Mom's assets at this time. If Mom needs money for her care, you would be able to sell the land, and other assets.
If the land doesn't need to be sold, then the land goes to whomever your Mom had written in her Will. If Mom has no Will, then a Probate Court would need to decide who gets what.