Follow
Share

I am POA for my pops, who has the beginning stages of Dementia. Myself and his sister is the alternate. I took over handling his affairs from my niece no POA established at that time, but prior to becoming POA my Pops confided in an old friend because he forgot I was helping him, this friend quickly became POA, drained an account and I had to revoke her as POA and regain control of his affairs, things were going good until my own life had some "Drama" and I wasn't showing up Daily for about a month but still was taking care of the bills etc. During this time my Pops again confided in a different friend who now is trying to take over, demanding paperwork from me, saying he's going to get conservatorship etc, this is after they went to the bank and removed me and signed a POA that says it is specific for that bank, a form that has no wording saying all prior POA's are revoked nor did I or his sister get revoked in writing. His dementia has gotten worse and when I speak to him he still wants me handling his affairs, but when he see's the friend it is the opposite, now I am unclear if his bills are being paid, and conservatorship I thought was saying he is uncapable of making his own decisions, if that is the case wouldn't our POA override the bank one anyhow? Please give me your thoughts and any insight you may have. I am unsure as to what I should do.

Find Care & Housing
All POA's have to signed by your father, a lawyer and 2 unrelated witnesses. And only your father can initiate legal paperwork to remove someone who is/was his POA and only he can add someone else as POA along with his lawyer.
Has all of that been done? It doesn't sound like any of this is on the up and up, so please have your father see an elder law attorney to get this all straightened out before his dementia gets too bad and he legally won't be able to appoint anyone. Otherwise the only other option will be you or a family member filing for guardianship, which is quite costly.
Helpful Answer (0)
Reply to funkygrandma59
Report

You need to see an attorney. You need to learn the rights and obligations of POA, and what you do/don't have and can/can't do. Don't rely on a bunch of strangers.
Yes, conservatorship and guardianship is a court action and it overrides a POA in almost all circumstances.

Whether POA or Guardian/conservator you need to be ready to present your documents and files for every single thing you do, and for every penny into and out of accounts. These documents can be called before the court at a moments notice if someone things you are committing elder abuse or not managing things well.

All indications here are that you don't understand POA et al very well, and that is why you MUST see an attorney.
Helpful Answer (2)
Reply to AlvaDeer
Report

I agree, you need an elder lawyer.
Helpful Answer (2)
Reply to JoAnn29
Report

I think you need to see and Elder Law attorney about this. Banks are notorious for not following the laws regarding POAs.
Helpful Answer (2)
Reply to MG8522
Report

Ask a Question
Subscribe to
Our Newsletter