my niece has power of attorney of my brother who has left all his possession

Also, the POA is not enforceable upon the person's death. The niece only has the authority that the POA gives her as it concerns your sister in law and no authority concerning your brother. Only being the executor of an estate is enforceable upon death.

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Can a power of attorney bar a sibling from seeing their parent?

May 02, 2019 · 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. Revoking a power of attorney.

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

Sep 14, 2017 · The niece only has the authority that the POA gives her as it concerns your sister in law and no authority concerning your brother. Only being the executor of an estate is enforceable upon death. 09/13/2017 13:43:38. Helpful Answer ( 4)

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

Jul 15, 2021 · Power of attorney abuse is relatively common, and can range from serious to minor incidences. Unfortunately, the control that a person with power of attorney has over the principal's finances invites power of attorney abuse, and can include depletion of the estate and fraud, among other things.

What happens to a power of attorney when the principal dies?

A Will Contest must be filed within three months after the date of the Order admitting the Will to probate by filing an affidavit in the Court alleging (1) unsoundness of mind of the testator, (2) that the Will was executed under duress or was obtained by fraud, (3) the undue (improper) execution of the Will, or (4) any other valid objection to ...

Does power of attorney override next of kin?

No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities.

Who can override a power of attorney?

The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.Nov 3, 2019

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

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Can you inherit if you have power of attorney?

Issue #1: Claiming Inheritance When There's a Power of Attorney. This is a common situation where a person, who has Power of Attorney, finds out they are entitled to an inheritance. ... As a result, the Power of Attorney should handle all inheritance work on behalf of beneficiary with their best interests at heart.

Can family contest power of attorney?

If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.May 2, 2019

Can an executor of an estate give power of attorney to someone else?

Can an executor appoint another executor? If they are unable to act temporarily, for example, they live abroad; it is possible to give a Power of Attorney to another person to act on their behalf. The executor can delegate the functions he/she has to carry out to the attorney.

Who makes decisions if no power of attorney?

If you have not given someone authority to make decisions under a power of attorney, then decisions about your health, care and living arrangements will be made by your care professional, the doctor or social worker who is in charge of your treatment or care.Mar 30, 2020

What are the disadvantages of power of attorney?

DisadvantagesYour loved one's competence at the time of writing the power of attorney might be questioned later.Some financial institutions require that the document be written on special forms.Some institutions may refuse to recognize a document after six months to one year.More items...

What are the 4 types of power of attorney?

AgeLab outlines very well the four types of power of attorney, each with its unique purpose:General Power of Attorney. ... Durable Power of Attorney. ... Special or Limited Power of Attorney. ... Springing Durable Power of Attorney.Jun 2, 2017

What happens with power of attorney when someone dies?

On their death, it will be the responsibility of the late donor's Personal Representatives to manage this estate. Typically, this involves collecting in the estate assets, money and property, settling debts, and paying any remainder to the beneficiaries.

What happens if power of attorney dies?

Upon the death of the principal, the power of attorney is no longer valid and instead the will is executed. ... As a result, unless the agent has also been named as the executor of the will, they lose all power to make decisions on behalf of the principal.Jun 25, 2021

Does power of attorney override a will?

A will protects your beneficiaries' interests after you've died, but a Lasting Power of Attorney protects your own interests while you're still alive – up to the point where you die. The moment you die, the power of attorney ceases and your will becomes relevant instead. There's no overlap.Mar 26, 2015

What is SB 2794?

The magnitude of the problem of power of attorney abuse, however, is suggested by federal action (SB 2794), aimed at protecting seniors from predatory practices. This is among the first federal legislation of its kind ever to protect the vulnerable elderly.

What to do if there is no POA?

If there is no local service listed, contact your state’s Attorney General , who will either have their own abuse unit or be able to direct you to a local county investigator.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Do power of attorney need periodic check ups?

Power of attorneys, not unlike their owners, need periodic check-ups. In order to keep trust in the instrument, there also needs to be verification. Thus, many groups now use power of attorney templates, including some third-party templates, that require periodic review.

What do I do if I suspect my brother or sister has somehow stolen my inheritance?

This is a growing problem. Before the repeal of Indiana Inheritance Tax, joint accounts were frozen at death. A release from the Indiana Inheritance Tax Office was necessary for release of the accounts. This usually required an attorney and people were made aware of their rights and obligations under the law.

How we assist in helping clients in inheritance matters

We can assist in finding these assets through tax returns, bank records, and real estate records. If mom or dad was ill, of diminished mental capacity, or dependent upon the local child, we may be able to recover these assets for the benefit of all siblings. There are legal and practical time limitations, so you should contact us immediately.

Act immediately – Will contest actions must be filed quickly to preserve rights

A Will Contest must be filed within three months after the date of the Order admitting the Will to probate by filing an affidavit in the Court alleging (1) unsoundness of mind of the testator, (2) that the Will was executed under duress or was obtained by fraud, (3) the undue (improper) execution of the Will, or (4) any other valid objection to the Will’s validity or the probate of the Will..

What is inheritance theft?

Inheritance theft can take many forms, ranging from manipulating the person’s wishes while they’re still alive, to theft and embezzlement that occurs after the death. For blended families, this issue is a common problem, even if the estate in question isn’t worth millions.

Is inheritance theft a problem?

But inheritance theft is an insidious and underreported problem that can cost families dearly. And since inheritance thieves are usually family members, the fallout often is not only about money, but also family ties.

Is fighting against inheritance theft a good offense?

Fighting against an inheritance thief is both exhausting and expensive. It will not necessarily bring back the money that was taken. This is why the best defense against inheritance theft is a good offense:

Why do trusts cause headaches?

When a trust is involved, Rind also cautions beleaguered heirs that trusts can cause increased financial headaches, because “the trust itself is a separate ‘person’ and might need its own attorney. The legal fees get paid out of the trust’s assets, so you could wind up spending the money you are fighting over.”

What happens if you become incapacitated?

If you were to become mentally or physically incapacitated, you would need someone to act as your power of attorney to make financial decisions on your behalf. As with choosing an executor, you need to trust that this individual will follow your wishes, since a power of attorney has control over your assets.

Who is the trustee of a trust?

In the simplest terms, a trust is a financial agreement among three parties: the grantor, who creates and funds the trust; the beneficiary, who receives the assets from the trust; and the trustee, who has a fiduciary duty to responsibly manage the assets in the trust.

Can a family member borrow money from a relative?

Family members who borrowed money from a relative might insist that such loans were gifts after the relative’s death. If there is no loan document in place, the heirs have no recourse to get the money back from the borrower on behalf of the estate. The only way to protect an estate from this kind of hijacking is to insist on loan documents whenever a large amount of money changes hands.

Andrew Michael Korduba

Attorney Huddleston's anwer is dead-on. Essentially, yes, you can be "sued" for lack of a better word by your brother as the Executor of the Estate. Likewise, you would have the right to defend yourself and argue that although you did take money, you did so via POA legally and do NOT have to give the money back to the Estate.

CL Huddleston III

As an agent under a power of attorney, you had a duty to use her funds for her and had no power to use them for yourself. Any money you reasonably used for her care and expenses is consistent with your duty. But you had no authority to give any of her money to yourself. If you did, it belongs in the estate ...

Robert A. Stumpf

I think your brother is right, unfortunately. The power of attorney terminates when she dies, and the estate (and executor) take over.

Understanding Power of Attorney

See more on info.legalzoom.com

The Scope of Durable vs. Nondurable Powers of Attorney

Considerations When Naming An Attorney-In-Fact