i gave my sister power of attorney is there anyway to make it where i am power of attorney?

If mother gave sister a durable power of attorney prior to her becoming incompetent, then the way to get it revoked is for someone to file a petition in the local probatecourt where mother is living to become her legal guardian.

Full Answer

Can a power of attorney prevent a sibling from seeing a parent?

Access to the parent. An agent under a financial power of attorney should not have the right to bar a sibling from seeing their parent. A medical power of attorney may give the agent the right to prevent access to a parent if the agent believes the visit would be detrimental to the parent's health.

Can a parent give a power of attorney to only one child?

When a parent names only one child to be the agent under a power of attorney, it can cause bad feelings and distrust. If you are dealing with a sibling who has been named agent under a power of attorney or if you have been named agent under a power of attorney over your siblings, the following are some things to keep in mind:

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

The parent should put the revocation in writing and inform the old agent. Removing an agent under power of attorney. Once a parent is no longer competent, he or she cannot revoke the power of attorney. If the agent is acting improperly, family members can file a petition in court challenging the agent.

Can a medical power of attorney prevent a parent from visiting?

A medical power of attorney may give the agent the right to prevent access to a parent if the agent believes the visit would be detrimental to the parent's health. Revoking a power of attorney.

Does giving your sister a power of attorney terminate parental rights?

Can I give my sister a power of attorney?

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What to do if a power of attorney is taking advantage of my parent?

If you suspect that the agent is taking advantage of your parent and these steps do not work, you need to challenge the power of attorney in court. First, you will need evidence that the agent is negligent or abusive. Your lawyer will help you provide this evidence, and the judge will decide if it is sufficient to ask for the agent’s removal.

What Can a Power of Attorney Do?

A power of attorney document gives the agent the right to legally sign documents, make healthcare decisions, and take care of financial transactions on behalf of your parent. Under the law, they are required to act in the best interests of your parent. They are not allowed to do specific things, including:

What Problems Happen if a Power of Attorney Is Abused?

If the judge finds that your sibling has been abusing your parent as the power of attorney, you can prosecute that sibling for things like fraud, embezzlement, exploitation, and theft. These are serious crimes that can lead to imprisonment and steep fines. State laws will dictate how much those fines will be, but these are serious consequences that have a far-reaching impact.

How to get a power of attorney revoked?

If they are still well enough to make decisions, they can revoke the power of attorney. If that does not work, consider enlisting the help of an attorney and having your attorney approach your sibling, asking them to step down as agent. If that happens, the power of attorney document will have an alternate agent that will step in.

Why do people abuse power of attorney?

The most common causes of abuse with power of attorney involve finances. Since the agent has the right to sign checks and pay bills, unscrupulous individuals sometimes take money for themselves . If you suspect this is happening, you may want to consider going to court to override power of attorney and protect your parent.

Can a parent change their power of attorney?

As long as your parent can make decisions for themselves, they can revoke or change the power of attorney. However, once they become incapacitated, they no longer have that right. At that point, only the courts can require a change.

Can a power of attorney prevent you from seeing your parent?

That said, the agent serving as a financial power of attorney does not have the right to prevent you from seeing your parent. In the case of medical power of attorney, the agent can prevent access but only for the sake of protecting the parent’s health.

Does giving your sister a power of attorney terminate parental rights?

James P. Frederick. Giving your sister power of attorney is probably the easiest and best way to handle this situation. It does not terminate your parental rights, does not require Probate Court involvement, and would cover the entire time you are away.

Can I give my sister a power of attorney?

Giving your sister power of attorney is probably the easiest and best way to handle this situation. It does not terminate your parental rights, does not require Probate Court involvement, and would cover the entire time you are away. There is no downside to handling it in this manner, and would allow your sister to procure medical care for the kids, if they need it. I sense that you are hesitant to sign a...

What is a power of attorney?

Power of attorney is when you assign someone the authority to make legally binding decisions on your behalf. This can mean managing financial assets, making choices regarding medical care, signing contracts and other commitments. A power of attorneycan access confidential materials and their decisions are as binding as if you had made them yourself.

Who is the executor of an estate?

The executor of an estate is the person in charge of managing the estate throughout the probate process. The probate process is the act of filing the deceased’s will with the appropriate probate court, locating and collecting all the assets, paying off all debts associated with the estate and distributing what’s left to the proper beneficiaries.

Can a power of attorney transfer money?

However, even a general power of attorney has limits. As a general rule, a power of attorney cannot transfer money, personal property, real estate or any other assets from the grantee to himself. Most, if not all, states have laws against this kind of self-dealing. It is generally governed as a fraudulent conveyance (that is, theft by fraud). The grantee can enforce these laws in both civil and criminal court and, when possible, he can have any transactions unwound. If the grantee is unavailable, incapacitated, legally not competent or otherwise unable to enforce their own rights, third parties will typically have the right to enforce these laws. Most often that includes family members and potential heirs.

Is a power of attorney the right option for your own future?

Is power of attorney the right option for your own future? The truth is, it depends on what your goals are. That’s where a financial advisor can be invaluable . Finding one doesn’t have to be hard. With SmartAsset’s matching toolyou can find a financial advisor near you to help you decide on the right goals and strategies for your own financial future, however you’ll get there. If you’re ready, get started now.

Is a power of attorney the same as an executor?

The two roles, power of attorney and estate executor, may be filled by the same person, but the roles themselves are very different.

Can a power of attorney transfer assets to himself?

This is rare . In some cases a power of attorney can transfer assets to himself if it is required by some other aspect of his power of attorney grant. For example, say that acting as someone’s power of attorney required you to buy plane tickets and travel. You might be able to claim reimbursement from the grantee’s accounts if you can demonstrate that those expenses were both necessary and completely within the scope of your authority.

Can a power of attorney be used to pass a house?

It is also not uncommon for families to use power of attorney as a way to pass significant property, such as real estateand family heirlooms, through the generations. For example, you might authorize power of attorney for your son or daughter to write what is known as a quitclaim deedon the family home. This would let them assign the house from you to themselves if and when it’s time for them to take over that property.

Does giving your sister a power of attorney terminate parental rights?

James P. Frederick. Giving your sister power of attorney is probably the easiest and best way to handle this situation. It does not terminate your parental rights, does not require Probate Court involvement, and would cover the entire time you are away.

Can I give my sister a power of attorney?

Giving your sister power of attorney is probably the easiest and best way to handle this situation. It does not terminate your parental rights, does not require Probate Court involvement, and would cover the entire time you are away. There is no downside to handling it in this manner, and would allow your sister to procure medical care for the kids, if they need it. I sense that you are hesitant to sign a...