how do i proceed if my sister now has my power of attorney?

ANSWER BY MARGARET CROSS-BELIVEAU: Since your sister is no longer competent, she does not have to ability to appoint you as her agent under a durable power of attorney any more. You will need to file for a conservatorship/guardianship in the probate court

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Can My Sister give me a power of attorney?

Sep 10, 2020 · If you are suspecting that your sister is abusing a power of attorney, your goals are to. have your parent revoke the power of attorney; have your sister return the money and property; contest the power of attorney; have the court revoke, set aside or cancel out the power of attorney; find other ways of assisting your parent

How do I remove a power of attorney from a parent?

Feb 21, 2013 · Frederick provides a great answer. If your Mom is capable of communicating, ask her if she has named your sister as agent under a Durable Power of Attorney (POA). You indicate your mom already named your sister as agent. Unless your Mom revoked the POA or executed a new one, this prior POA is probably still in effect.

How do I protect myself as a power of attorney?

May 02, 2019 · Drafting a formal sibling agreement (also called a family care agreement) is a way to give guidance to the agent under the power of attorney and provide for consequences if the agreement isn't followed. Even if you don't draft a formal agreement, openly talking about the areas of potential disagreement can help.

Can my disabled mother give me a power of attorney?

Mar 11, 2020 · In that case, the power of attorney must be recorded among the Land Records and anyone can look up the Land Records and get a copy of the recorded document. One can always ask the planner, but again, people are allowed to privately create powers of attorney and they don't ordinarily need to announce the fact to anyone else.

Can a sibling with power of attorney prevent other siblings from seeing a parent UK?

How do I prove I have power of attorney UK?

What three decisions Cannot be made by a legal power of attorney?

Can a power of attorney transfer money to themselves?

Can my mom name my sister as an agent?

Frederick provides a great answer. If your Mom is capable of communicating, ask her if she has named your sister as agent under a Durable Power of Attorney (POA). You indicate your mom already named your sister as agent. Unless your Mom revoked the POA or executed a new one, this prior POA is probably still in effect.

Is my sister a fiduciary?

Your sister is considered a "fiduciary," which means that she has legal duties and she cannot simply do what she wants. She cannot, for instance, legally place her mother's assets in her own name. That would be considered self-dealing, and a breach of her fiduciary duties.

Who can give a power of attorney?

A power of attorney can be granted by the person who wants someone else to also be able to make financial decisions (a Durable Power of Attorney) or to speak for them, communicating their choices, when they cannot communicate (a Medical Power of Attorney).

Can you get POA over someone else?

1 ANSWER. No one can "get POA over" someone else. A power of attorney can be granted by the person who wants someone else to also be able to make financial decisions (a Durable Power of Attorney) or to speak for them, communicating their choices, when they cannot communicate (a Medical Power of Attorney). Neither of these allow the agent ...

Can a guardian decide where a person lives?

While a guardian of the person can decide where the person lives, this does not extend to involuntary commitment. This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship. Report Abuse.

Can a sister give you a power of attorney?

A Power of Attorney is merely a contract that allows you to act on behalf of your sister. Depending on the nature of her disability, she may not have the legal capacity to give you a power of attorney. Even assuming she does give you a power of attorney, this does not give her the... 1 found this answer helpful.

Can a mentally disabled person give someone a POA?

First of all a mentally disabled person likely CANNOT give anyone a POA. Even if they have capacity to do it, a POA is voluntary. You cannot force it. And a POA does not allow you to put someone on your insurance. To be able to insure her and care for her you would have to go to probate court and become her conservator and guardian. You will want to discuss this with a lawyer...

What to do if a woman doesn't make you her agent?

If she will not make you her Agent through a Power of Attorney you will need to obtain Guardianship/Conservatorship to manage her affairs. I have yet to run into a Health Insurance Program that will allow you sign a person up because you are their Agent. Thus the reason the Guardianship route might be your only avenue.