Follow
Share

My daughter is incompetent due to two severe strokes. She gave her brother her power of attorney. She is in a nursing home and her previous home is in dreadful shape. What rights do her brother and her daughter, age 28, have over her
possessions, including the house which she owns?

This question has been closed for answers. Ask a New Question.
A DPOA allows a person to legally make financial and medical decisions for someone. My mother for example has a DPOA with my sis as primary and I am secondary (I would take over if for whatever reason my sis can't perform duties of primary). My mother's house is in a living trust. My sister is executor and trustee over mom's estate. That means sis can sell my mom's house and the money from the sale has to be put into my mom's accounts for her care. In answer to your question, I honestly don't know if a POA covers your daughters assets. I would read the entire POA to see if there is wording about it. Does your daughter have a will? If she does, who is executor? I suggest your son seek the advice of an attorney that way he will know for sure what he can and cannot do with the home.
Helpful Answer (1)
Report

How is a DPOA different from a POA? Thanks for answer to my first question
Helpful Answer (0)
Report

A power of attorney is a legal document that authorizes someone to act for you. You name someone known as an agent or attorney-in-fact (though the person need not be an attorney) who steps into your shoes, legally speaking. You can authorize your agent to do such things as sign checks and tax returns, enter into contracts, buy or sell real estate, deposit or withdraw funds, run a business, or anything else you do for yourself.

A power of attorney can be broad or limited. Since the power-of-attorney document is tailored for its specific purpose, your agent cannot act outside the scope designated in the document. For example, you may own a home in another state that you want to sell. Instead of traveling to that state to complete all the necessary paperwork, you can authorize someone already in that state to do this for you. When the transactions to sell the home are complete, the agency relationship ends, and the agent no longer holds any power.

A regular power of attorney ends when its purpose is fulfilled or at your incapacity or death.

A durable power of attorney serves the same function as a power of attorney. However, as its name implies, the agency relationship remains effective even if you become incapacitated. This makes the durable power of attorney an important estate planning tool. If incapacity should strike you, your agent can maintain your financial affairs until you are again able to do so, without any need for court involvement. That way, your family's needs continue to be provided for, and the risk of financial loss is reduced. A durable power of attorney ends at your death.
Helpful Answer (1)
Report

Thanks for helpful answers.
Helpful Answer (1)
Report

Can a P of A keep one sibling from showing up and taking an elderly parent out of state against the will of the sibling with the P of A?
Helpful Answer (0)
Report

A POA is responsible for protecting all assets of the person they are POA for. As long as the person is alive they are still their possesions. Sale of house at some point, or other property may be needed to pay for long term nursing care, especially if your daughter is on the younger side and could linger for many years. And especially if she becomes a medicaid patient. Very strict record keeping of any of daughter's money/ property used must be done. Sorry for you, must be hard to see your daughter in this shape.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter