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dnajaras Asked September 2023

Does the POA have the right to delegate tasks to family members as well as bills?

From your experience, doe the POA have the right to delegate tasks to famly members as well as bills? My brother who is POA states he can. His leadership style is very authoritive and he often delegates tasks without speaking to the individual first instead and asking if they are ok or comfortable with the task. I asked him not to do this as it is disrespectful.


 


He is threatening getting authorities involved against other siblings for possible lack to follow through with tasks or what he considers neglect.


 


The home equity loan against the home is not fully in effect due to him stating "the bank is losing docuements ,every slow" etc. He is demanded loans with family members to help pay for home care for her. To protect myself, I told him I need a document in writing, with certain conditions and one approved by my attorney before doing an unofficial home loan. In my experience, unofficial home loans with family members is not the smartest thing to do.


 


Has anyone else been in this situation and if so, any advice.


 


Honestly, there is so much infighting between siblings as hard as it will be to do this, making my mother ward of the state might be the better option.

Daughterof1930 Sep 2023
Your brother is POA for mom, that gives him power over mom’s finances at a time when she cannot handle it for herself. He may also have this for her healthcare decisions. This gives him zero power over any of his siblings. None. Stop listening to his rants and demands. Don’t discuss loans or any of the rest. Mom chose him because she thought him best for the responsibility, let him have it

BarbBrooklyn Sep 2023
You don't mean "authoritative". You mean "authoritarian". I.e., he pretends to know what he's doing

He's a jerk.

You have no obligation to do ANY tasks for your mother.

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cwillie Sep 2023
He absolutely can ask, and you absolutely can say no.

Fawnby Sep 2023
It's out of your hands. Mom gave him the power - but the power is not over you or anyone else. It's over her financial affairs.

It's not a fun job, so let him have it. Don't get involved any more than you must.

As for nursing homes, they aren't awful. They are where our LOs can be taken are of by professionals according to their needs. Home isn't always the best place for that.

Good luck!

Caregiverstress Sep 2023
No. He has zero legal authority to force anyone to do anything. Period. If he wants he can resign as POA.

funkygrandma59 Sep 2023
Wow! Your brother sounds like quite the jerk.
No he can NOT force anyone to do anything. Period. Let him threaten all he wants to.
As POA it is HIS responsibility to make sure things get done and bills are taken care of. That is all on him not any of you or your siblings.
So let him bark his orders at you all he wants but remind him that all of this is now HIS responsibility not yours and if he can't handle it, then he may want to give up being your moms POA.

AlvaDeer Sep 2023
No. Your brother cannot delegate anything to anyone who is unwilling to do it, and if he is delegating, he had better be very careful, and he is the one, as POA, who is obligated to act in the best interest of his parent if that parent is unable to act for him or herself. As Handel of the Law always says, tell him to "go pound sand".

There is a lot online about the powers and duties of a POA which is a fiduciary duty under the law. You should advise your brother to see an elder law attorney and tell him he clearly doesn't understand his duties and obligations under the law and needs an education. You can also tell him that he can, as POA, hire a fiduciary to help him sort out bill payments. Your parent's funds stand to pay their bills. When there is no longer funds to do this the fiduciary will have to file for financial aid and help for the parent. But the job is all his. And he's welcome to it. It's an onerous and difficult task, made more so by his serious lack of knowledge.

Llamalover47 Sep 2023
dnajaras: Power of Attorney does not give your brother a right to tell others what HE expects them to do. POA does not make him 'the boss.'

MACinCT Sep 2023
No he cannot dictate how others live their lives without their permission. If something seems amiss as far as payment of bills, then ask that question to APS and maybe he will get a visit
I am also interested on how he will get authorities to do his bidding. He has to pay them as well

Jada824 Sep 2023
He’s the one that accepted POA….it’s his responsibility! He cannot dictate to others what he wants done or how things are to be done.

My sibling tried this with me after I was the only one doing everything for my mom while he did nothing. He started telling me how he wanted things done because he had power…..he was POA.

I told him that I was done & he could do everything himself from then on. He was so angry & spiteful that I did that he blocked myself & my sons from seeing my mom for almost 4 years until she passed.

WATCH OUT FOR CONTROLLING SIBLINGS!

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