I’m sorry for your loss; you must have a lot on your plate right now. Based on your description of the situation, it seems that you were named a trustee over certain property left in trust for your sister’s maintenance.
Because she does not have capacity to sign a power of attorney, you will need to petition to be appointed her Guardian. Disclaimer: This answer does not create an attorney-client relationship. You must not rely on it for legal advice. The answer might be different if more facts and details were known.
Step 1 – Choose an Agent. Select and ask someone that you trust if they would like to be your “Agent” or “Attorney-in-Fact”. Especially for a durable power of attorney, the agent selected should be someone you have trusted most of your life.
An individual may get power of attorney for any type in five (5) easy steps:
Revocation Power of Attorney – To cancel or void a power of attorney document.
Power of attorney is a legal document that allows an individual (known as the “Principal”) to select someone else (“Agent” or “Attorney-in-Fact”) to handle their business affairs, medical responsibilities, or any decision that requires someone else to take over an activity based on the Principal’s best interest and intentions. ...
In most cases, a Notary Public will need to be used or Two (2) Witnesses. STATE. DURABLE.
Medical – Health care decision-making only. It becomes active only when the Principal becomes *incapacitated.
For other nominations, a principal may assign power of attorney under a special circumstance with the limited form. In addition, if the principal is looking to have someone only handle personal and business filings the tax power of attorney should be used.
When your sister abuses a power of attorney, that can mean serious financial consequences for your parent’s well being and diminishes your future inheritance. A power of attorney gives your sister the authority to make legal and financial decisions for your parents regarding such matters as bank accounts, the purchase and sale ...
If a parent does decide to name a child as a power of attorney, they should pick the child who possess traits of trust, honor and integrity.
The simples thing to do would be to explain to your parent that they are possibly being defrauded by your sister, and ask them to revoke the power of attorney in writing (hopefully with a copy to you). You may or may not choose to follow up and make sure that your sister is no longer in any power of authority over any of your parent’s assets.
Reporting power of attorney abuse to the adult protective services is likely to not yield a result, as those government agencies typically view this issue as a civil matter. Your best opportunity to resolve the situation is to retainer the services of an attorney who has experience in these kind of matters. However, if other types of abuse are present, then you do want to report the abuse to adult protective services.
Children sometimes abuse their parents’ powers of attorney, when the elderly parent needs elder care and are physically disabled or mentally incapacitated. A financially abusive sister could leave a your parent’s estate and their heirs without any assets or inheritance.
The power attorney doesn’t work for things such as voting, revoking or amending a will, divorce or marriage matters or fulfilling personal services under a contract matter. By creating a power of attorney and giving your sister such important powers, your parent exposed themselves to a potential for fraud, self-interest ...
Since there is such a huge potential for disagreements and fraudulent acts to arise, creating a power of attorney can lead to potential future lawsuits if parents choose the wrong sister as the power of attorney.