Your father has a Dementia. If he has been found incompetent to handle his affairs by a doctor, he cannot assign POA. I would also wonder if the POA was internet generated or written by a lawyer. If internet generated it still has to be witnessed and notarized. If written by a lawyer, the lawyer should have spoken to Dad privately to see if he understood what he was signing or coerced.
I would consult with a lawyer. He maybe able to ask to see the POA to make sure its legit.
As Alva stated the DPOA has no authority over a Trustee or the Trust.
Plesse see an attorney to help you understand what your position is and to help guide you through this war with your siblings.
Oh, POAs are governed by state law, so take a copy of what they presented to see if they have violated any laws. Ammunition is always good to accumulate when someone has declared war.
Being a DPOA or a POA doesn't remove you as a Trustee. In fact if you are Trustee of a Trust you remain Trustee of a Trust. You cannot be removed by a DPOA. You should see an elder law attorney with your documents, for advice. If your siblings obtained a DPOA from an elder no longer competent to give this designation because of mental impairment, then what your siblings did would not hold up in court. It may be time to be appointed conservative over the parent you caregive for, or guardian. Be certain, even despite your PTSD, to be keeping meticulous records of all assets of your elder on a monthly basis as to assets into and out of the Trust. Best advice in these situations is always to see a Lawyer. The Trust pays for this as the Trust is for the benefit of the parent you care for, and this action of seeing the Elder Law Attorney is on the elder's behalf.
You are the caregiver, they tried to take away your power but you still control the ultimate power to walk away. I don't know your story but I've read too many similar sounding ones here on the forum, see a therapist if that's what it takes to break free but please don't allow yourself to be used and abused.
You may need to contact a lawyer. Does your LO live with you, or you with them? Are they trying to move your LO out of your care? Is this a surprise to you, or is this an recent escalation?
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I would consult with a lawyer. He maybe able to ask to see the POA to make sure its legit.
Plesse see an attorney to help you understand what your position is and to help guide you through this war with your siblings.
Oh, POAs are governed by state law, so take a copy of what they presented to see if they have violated any laws. Ammunition is always good to accumulate when someone has declared war.
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