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My grandmother's POA is her other son. Would that make him entitled to the 100k upon her death? She wrote her will distributing the 100k of her son's along with her assets! Just wondering bc it seems that may not be allowed and it would be tragic if there were problems after she passes away. If this is not allowed, what could be done now to avoid problems with distributing his assets? His kids never visit him, so she does not want his money to go to them.

I am confused with whom the 100k belongs to right now.

Is this the gm/POA money or the money of the son that she has POA responsibility and is required that she is to use for his care?

If the POA is distributing his money not for his care it should be reported. That is only an opinion as I do not have law degree. But as I see it would be a violation of the POA duties.

If it is the mothers money it would be the executors and probate attorney to distribute as per written in will. Again only an opinion based response.

You would benefit by consulting with a lawyer if you are concerned with legal ramifications upon gm death.

Good luck.
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Reply to AMZebbC
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This is very confusing. Incompetent son has 100k of his own? No, she cannot leave his money to others in her Will. And I do not know why a lawyer would write a Will like that.

Does this son get Medicaid in any way? Because if he does, he can't have 100k in the bank. My disabled nephew had 50k from his deceased Moms insurance money. It was suggested it be put into a Special Needs Trust, which it was. But when he passes, Medicaid will recover the money they put out from that trust.

Really need more info.
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Reply to JoAnn29
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I think your grandmother needs to set up a trust for her disabled son and she needs a lawyer to help her do this in a way that both protects the money from his children and keeps open his access to medicaid .
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Reply to cwillie
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AlvaDeer Jan 24, 2025
I sure agree with this.
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POA stops at death.
A POA manages for an incompetent principal during that person's LIFE, not after his/her death.
A POA does not distribute money after death. That is for the Executor if there is a will or the administrator who will be appointed if the person dies intestate (without a will).
In the case of a person dying intestate their money will be divided according to the laws of the state, given first to wife/or wife and children, secondly to parents if there is no issue and no wife.
If you wish details on all this it is best to see an attorney. Discuss with the family and the POA. Much of what you get on a Forum is our experience and our opinion. Legal questions require legal answer.
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Reply to AlvaDeer
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Wait, she wants to leave her 100k to her disabled son but she wants to make sure his kids never inherit it? But he is incompetent and she is his PoA? However you slice this, she can’t get back at his kids for not visiting by withholding or distributing his funds according to what she thinks is right. That will be determined by probate if he died without a will. The kids will notice if they don’t receive funds from the estate. And if she dies first, it won’t matter.
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Reply to ShirleyDot
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A PoA doesn't execute someone's Will or entitle them to any of their money/assets/possessions unless this is specified in the Will. PoA authority ends upon the death of the principal. Then, if there is a Will with an assigned Executor, that person is responsible to execute what is outlined in the Will. But there are things that may need to happen, like probate.

If the Grandma and the son are joint on the account containing the $100k (so she's not just the FPoA at that bank but is actually a co-owner of the account), then this means when one of them passes away, all the money in that account belongs to the survivor. It is not inherited -- the survivor owns it.

Even if she is his legal guardian or conservator, it doesn't mean she owns that money if he passes. She'd need to inherit it first, which he'd need to specify in his Will (if he made one). With no Will it would go to his kids first.

"If this is not allowed what could be done now to avoid problems with distributing his $."

If he isn't competent to write a Will, then the court will decide who gets his money and it will usually be his kids first.
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Reply to Geaton777
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Is the money in his name or was it turned over to his mom so he could get Medicaid? Or is she his legal guardian?

The answer will help get you better information about the situation.
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Reply to Isthisrealyreal
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Twinmom33 Jan 23, 2025
I thjnk the money is still in his name- im afraid my gm thinks poa will entitle her to didtribute his $ but it wont unless its done before she passes right
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The POA expires when she dies. Then her will takes over, and the executor of her will is obligated to follow it.
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Reply to MG8522
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It doesn't matter who is POA. What matters is what is in the will.
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