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Our brother has given a Power of Attorney to a non relative. I feel this person is using it to get all his money and our Family farm. What rights do my sister and I have to keep this from happening?
POA's become "active" only when the person becomes incapable of making his/her own decisions. You can't do anything about that right now. This is your brother's choice, whatever reason he had, this is what he did.
Once our brother dies, the POA is null and void. The executor takes over. So POA's are not the scary legal things we often think them to be. Has brother made this person his executor also? That might be concerning.
A POA cannot write checks to himself willy-nilly....that's illegal. You may need some legal advice on how to proceed, since it seems you are concerned about a possible inheritance.
Is the Farm in his name and only him on the deed? Is he of sound mind? Then nothing you can do. The duties of a POA is to handle a persons finances and Medical when they are no longer capable. My Moms POA read that I could sell her home for her care. A POA cannot use monies for themselves. But you would have to prove that by suing. Now, if the farm was left to all of you and your on the deed maybe this should be mentioned in the POA that the house and property cannot be sold because brother is not sole owner.
In normal circumstances you and your sister have no right to decide whom your brother may appoint to act for him.
If you dispute the validity of the POA - for example, if you believe your brother was not of sound mind when he created it; or if you dispute the fitness of the person he appointed - for example, if this person is a convicted felon; or if you have factual evidence of misappropriation or misuse of your brother's funds; or if you have grounds to suspect the person of fraud connected with the family property
then in the case of the suspected abuses you can report to APS, and in the case of suspected crimes you can go to the police, or if you wish to challenge the POA and apply for guardianship instead you will have to go to a lawyer.
People who avoid giving POA to family members often do have their own good reasons, though. Any idea why your brother made this choice..?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Once our brother dies, the POA is null and void. The executor takes over. So POA's are not the scary legal things we often think them to be. Has brother made this person his executor also? That might be concerning.
A POA cannot write checks to himself willy-nilly....that's illegal. You may need some legal advice on how to proceed, since it seems you are concerned about a possible inheritance.
Brother cannot appoint a P O A to act on your behalf, or to dispose of your property.
If you dispute the validity of the POA - for example, if you believe your brother was not of sound mind when he created it; or
if you dispute the fitness of the person he appointed - for example, if this person is a convicted felon; or
if you have factual evidence of misappropriation or misuse of your brother's funds; or
if you have grounds to suspect the person of fraud connected with the family property
then in the case of the suspected abuses you can report to APS, and in the case of suspected crimes you can go to the police, or if you wish to challenge the POA and apply for guardianship instead you will have to go to a lawyer.
People who avoid giving POA to family members often do have their own good reasons, though. Any idea why your brother made this choice..?
Whose name is the farm in?