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Intheknow2020 Asked March 2021

Does a Durable POA have the authority to keep siblings from discarding their mom's personal items, like clothes & shoes, while she's alive?

JoAnn29 Mar 2021
Yes need more info.

If Mom is incompetent and if done in her best interest then yes I think the POA has a right to stop this. But if Mom is in Nursing Home, there are only a few things she will need then u need to get rid of the rest. All my Mom had was her bras, socks, a couple of pairs of comfortable shoes, slacks, tops, night things. I took her personal toiletries but no nick nacks or anything worth any money. If these are things she will never use again, then why keep them. Let siblings take what they want and disgard what she will never use again. I had Moms house up for sale. Mom was in care and nephew living there. He kept what he would need for an apt and I got rid of the rest. My brother came and got what he wanted. Its sad watching 87 yrs of someones life disappearing but thats just how it is. It took my cousin 5 years to clean out her Moms house and sell it. And she had family helping. She just couldn't let things go but u have to.

Countrymouse Mar 2021
?

The ordinary law prevents one person from disposing of another person's property, period. You can't just take it on yourself to throw somebody else's possessions away.

We can try to guess what's happening - your siblings are determined to get your mother's house tidy but you don't like their methods? Your mother has been living with one or more siblings and now she's moved to a facility they want her stuff out of their house(s)? - but it would be a lot easier if you explained.

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Frebrowser Mar 2021
Your POA probably has a section that allows you to exercise control over your Mother's personal property. So you can pay to secure and store it if that would be best.

You don't give any background information on what your siblings are doing and why. What does your Mother stand to gain or lose by you exercising maximum control over this property?

Are they providing personal care for her and maintaining her property or caring for her in their home? Is this property in a home that is being prepared for sale? Is the property valuable or difficult to replace?

Don't sweat the small stuff. It is probably better to replace a few things rather than ignite a family conflict that makes it difficult for Mom to benefit from their presence in her life.

AlvaDeer Mar 2021
Really need more information about the situation here and what is happening.

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