Siblings tried to exclude me from POA

[Doreen E]

What is the name of your state? CA

I just returned home from a visit to find my parents a place to live, in an Assisted Living facility. When I arrived there, I discovered my siblings had drawn up a Power of Attorney and left me off. When I asked why, they said it was because I don't live there and there were only 3 spots on the form (there are 4 of us children) and that their leaving me off of it wasn't intentional. I have gone up there a lot recently and helped out in a way no one else could seem to, so I was pretty angry. This is a POA to handle the business side of the estate. I should also add I am estranged from them, and there was no legal reason to exclude me.

I found out my father (who has Alzheimers) had already signed off on his POA. I know he never would have excluded me. My mother hadn't even seen the POA, but my brother wanted me to take her to the bank and have it notarized. When I told her I was excluded, she said there is no way she'd sign it without me in 3rd position, so it was changed.

I am really bugged wondering what the possible implications could have been, by excluding me. Even though I helped out greatly while up there (and they asked me to come), I was treated very poorly by them (siblings). Do I need a lawyer to look into this? Any opinions? I don't want to assume the worst, but I am afraid I can't help it.

Doreen

 

[BlondiePB]

A person with Alzheimers is NOT competent to sign a POA. Your parents need a guardian/conservator for their estate and/or their person. Guardian/conservator cannot change any of a ward's property (including a Will) without acquiring court approval to do so. And, all assests must be accounted for to a court. An Elder Law attorney can look into this and NEEDS to look at this.

 

[Doreen E]

Thank you BlondiePB

I am just ticked off about the whole deal. I had another conversation with my brother this a.m. re: a Health Care POA (distinct from the other one they excluded me from initially) and got the distinct impression he'd like to see me excluded from this as well. I did mention the fact that dad's not really competent to be signing anything, but it fell on deaf ears. I am out of my league in terms of understanding their motives or how to move forward. I revised the Health Care POA to include room for ALL (4 siblings) signatures, but I am still unclear as to what this whole thing means. Would you suggest I see an attorney or one that specializes in elder law? I hate to think the official POA (not the brother who seems to want me off) would do anything improper. Both POAs take effect immediately, this in spite of the fact that my mother is quite mentally sound. Big SIGH. Aside from their complete lack of regard and respect for me, this just gives me the creeps. Thanks,
Doreen

 

[BlondiePB]

A Health Care POA with 4 persons having the power to make decisions can be a nightmare for doctors, nurses, etc. Just imagine the chaos this will cause for health care providers should one POA's decisions conflict with another POA's decisions. The health care POA can be revised with one person as the primary agent and the others listed as alternates in order of who is the next contact should the primary agent be unavailable or unwilling to make the health care decisions. Then once the primary agent has been contacted, the primary agent takes over the decision making or makes the decision to defer the health care decisions to the next alternate. However, your father is not competent to sign the POA.

If you want to see an attorney, go to an Elder Law attorney that does guardianships. You can find one that will give you a free initial consultation.

 

[dworrill]

This situation like most others shows the failure of POAs. In situations where capacity is at issue a POA shouldn't even be considered into the equation. The problem in these family disputes is whether someone will complain to bring it to the appropriate authorities.

If the elder has Alzheimer's disease, he cannot authorize a POA. Period. If left unchecked, the sweeping powers of a POA could spell disaster.