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Serious POA Issue

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dillmad

Junior Member
What is the name of your state? PA
Background:
My mother is married to my step father for 14 years now. My two step sisters are my mother and step fathers real daughters, born out of wedlock in 1968.
When my mother and step father married 14 years ago, my mother moved into my step fathers house and for the last fourteen years they have bought many things together including vehicles and recreational equipment.

Everything was fine until three years ago when my step father contracted dimensia. My mother asked my one step sister who is a nurse to be co-poa since she felt it would be to much of a burden on herself if something should happen to my step father. My mother was taking care of him alone until a year ago when she asked my brother to move in and help with caring for him. At that point my two step sisters and two step brothers got p'd off at my mom and started telling her what to do. My mother ignored them. Three months ago my mother had to put my step father in a long term care facility because he is progressively getting worse and the doctors had recommended it.

Two weeks ago my mother, two step sisters and two step brothers were supposed to get together and discuss what was happening with my step father. When my other step sister arrived at my mothers house she lunged at her throat and my other step sister had to pull her away. She also threatened my mother saying if she had a gun she would kill her and my brother. My two step sisters and two step brothers continued to verbally attack my mother and brother and so my mother called the police and had them removed from the house.

Yesterday my brother received a notice for a court appearance that my step sister filed claiming he owns her $3300 in back rent for living with my mother at my step fathers house. She states that she is the landlord and has poa never giving him permission to live in her fathers house. She also included a letter that stated she will be coming down to the house to tally up all of my step fathers things and take pictures in and out of the house and if anything is missing my mother will be responsible. Also in this letter she threatened that if my mother doesn't kick my brother out that they will take care of him. This step sister went to the attorney who wrote the original poa and got a copy and sent it along with this threatening letter. She highlighted different parts indicating what she can do as having poa.

My mother contacted me last night because of this new court action. She brought all her paper work with her including the original POA and this copy my step sister sent. The original mentions my step sister (they spelled her name wrong in the document though) as having co-poa, but was never signed by her only by my mother. What she did was sign this copy she got and and dated it 5/22/06 and highlighted that before sending.

I thought that all signitures were supposed to be in front of the notary public and the notary seal applied.

I guess what I am asking is, is she legally co-poa. My mother wants to put a PFA against her, my other step sister, and two step brothers because of this threatening letter she received and also wants to counter sue on the $3300 she says my brother owes. She wants to change the poa and add me and remove my step sister.

Any help on this is greatly appreciated.

Thanks.What is the name of your state?
 


Dandy Don

Senior Member
Who actually handled the monies--both of them or just one of them?

A countersuit is not necessary for the $3300--POA doesn't make her a landlord, and all you need to do to defend yourself is say that family members don't charge family members rent for sharing a residence!! She can't just retroactively go back and charge rent when there was never a signed agreement to do so.

You need to be consulting an attorney to see if stepsister is going to officially account for any monies she withdrew--did she use all of it to care for this person or spend it on herself? Her POA terminates when the death occurred--has the account been closed now or put into the estate?

Is father's signature on the POA or just your mother's?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
 

BlondiePB

Senior Member
dillmad said:
What is the name of your state? PA
Background:
My mother is married to my step father for 14 years now. My two step sisters are my mother and step fathers real daughters, born out of wedlock in 1968.
When my mother and step father married 14 years ago, my mother moved into my step fathers house and for the last fourteen years they have bought many things together including vehicles and recreational equipment.

Everything was fine until three years ago when my step father contracted dimensia. My mother asked my one step sister who is a nurse to be co-poa since she felt it would be to much of a burden on herself if something should happen to my step father. My mother was taking care of him alone until a year ago when she asked my brother to move in and help with caring for him. At that point my two step sisters and two step brothers got p'd off at my mom and started telling her what to do. My mother ignored them. Three months ago my mother had to put my step father in a long term care facility because he is progressively getting worse and the doctors had recommended it.

Two weeks ago my mother, two step sisters and two step brothers were supposed to get together and discuss what was happening with my step father. When my other step sister arrived at my mothers house she lunged at her throat and my other step sister had to pull her away. She also threatened my mother saying if she had a gun she would kill her and my brother. My two step sisters and two step brothers continued to verbally attack my mother and brother and so my mother called the police and had them removed from the house.

Yesterday my brother received a notice for a court appearance that my step sister filed claiming he owns her $3300 in back rent for living with my mother at my step fathers house. She states that she is the landlord and has poa never giving him permission to live in her fathers house. She also included a letter that stated she will be coming down to the house to tally up all of my step fathers things and take pictures in and out of the house and if anything is missing my mother will be responsible. Also in this letter she threatened that if my mother doesn't kick my brother out that they will take care of him. This step sister went to the attorney who wrote the original poa and got a copy and sent it along with this threatening letter. She highlighted different parts indicating what she can do as having poa.

My mother contacted me last night because of this new court action. She brought all her paper work with her including the original POA and this copy my step sister sent. The original mentions my step sister (they spelled her name wrong in the document though) as having co-poa, but was never signed by her only by my mother. What she did was sign this copy she got and and dated it 5/22/06 and highlighted that before sending.

I thought that all signitures were supposed to be in front of the notary public and the notary seal applied.

I guess what I am asking is, is she legally co-poa. My mother wants to put a PFA against her, my other step sister, and two step brothers because of this threatening letter she received and also wants to counter sue on the $3300 she says my brother owes. She wants to change the poa and add me and remove my step sister.

Any help on this is greatly appreciated.

Thanks.What is the name of your state?
An incompetent person (your stepdad) cannot sign a POA. The agent(s) should not be signing that document as well. Have you mother petition to be her own husband's guardian of estate & person and include healthcare proxy/surrogate. This will protect mom's estate and will invalidate the POA. She can then tell your stepsister to bite rocks. Mom needs to see and hire an Elder Law attorney that specializes in guardianships. She needs to protect her and her husband's assests and bank accounts ASAP.
 

BlondiePB

Senior Member
Dandy Don said:
Who actually handled the monies--both of them or just one of them?

A countersuit is not necessary for the $3300--POA doesn't make her a landlord, and all you need to do to defend yourself is say that family members don't charge family members rent for sharing a residence!! She can't just retroactively go back and charge rent when there was never a signed agreement to do so.

You need to be consulting an attorney to see if stepsister is going to officially account for any monies she withdrew--did she use all of it to care for this person or spend it on herself? Her POA terminates when the death occurred--has the account been closed now or put into the estate?

Is father's signature on the POA or just your mother's?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
No death has occurred.
 

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