J
jhardy
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reside in tennessee. must do a power of attorney to protect sisters assets. how?
jhardy said:reside in tennessee. must do a power of attorney to protect sisters assets. how?
I AM ALWAYS LIABLE said:jhardy said:reside in tennessee. must do a power of attorney to protect sisters assets. how?
My response:
What do you mean by "protect sister's assets" ? What is the situation? A Power of Attorney doe not protect anything. That's not the purpose of a P.O.A.
IAAL
I AM ALWAYS LIABLE said:My response:
Okay, thanks for writing back.
Like I said, a P.O.A. will not protect anything - - it only gives you rights to do for the "Principal" (Your sister) that which she could have done for herself.
This concept is even more important to understand, especially when there are "competing interests" i.e., her son has been pillaging funds. A P.O.A. will not protect your sister from her own son (the competing interest). Other competing interests could be tax authorities, creditors, and other lawful third parties.
Therefore, I would suggest that you see an attorney to create a "Guardianship" or "Conservatorship" over your sister so you can legally tell her son to "STOP". Also, if need be, you can take legal action against her son for what he's doing - - and all in the name of your sister. This would also be true for you to take action against all third parties.
This is the only way to effectively deal with your sister's situation, and have the rights that she would have. Remember also, "Conservatorship" or "Guardianship" do NOT survive your sister. If she should "pass", so do your lawful powers.
Good luck to all.
IAAL