Have any questions about how to use the community? Check out the Help Discussion.

What are the legal responsibilities of the person who has DPOA

abc123
abc123 Member Posts: 1,171
Seventh Anniversary 1000 Comments 5 Care Reactions 5 Likes
Member

My dad's brother (74) has DPOA over my dad (85) undiagnosed, and is executor over dad's trust. Dad's brother lives in another state and has a full/busy/happy life. I am very worried about my dad since an accident last year. He is having cognitive issues. I am overseeing mom's care and now trying to keep up with dad. He closes on the new house on the 18th of this month. He is rushing to get things done and causing unnecessary confusion and doubling my work load. I am sinking here. My sister is coming Saturday to help. What can I/should I expect from my uncle the DPOA over everything? He is a reasonable man and has the gift of being calm.

Thank you all in advance for any info you can share with me.

I am sinking. 

Comments

  • Quilting brings calm
    Quilting brings calm Member Posts: 2,406
    500 Likes 1000 Comments Fourth Anniversary 250 Insightfuls Reactions
    Member

    The POA has authority to act on the person’s behalf, but the person can handle things himself too. If your Dad is considered competent, your uncle could conceivably  do nothing.    The real responsibility would come when your dad could no longer handle things himself and then the DPOA would be the person legally able to handle his affairs.  It also depends on what is in the document.  Our states has a long list of things the person can grant authority to or vice-versa, exclude from the DPOA.  My Mom didn’t exclude anything so I could handle everything listed. ,  My step-dad said he would only sign a document allowing me to talk to insurance  companies  on his behalf - I declined. So I only have a  medical POA document on his behalf. 

  • jfkoc
    jfkoc Member Posts: 3,764
    Legacy Membership 2500 Comments 500 Likes 100 Insightfuls Reactions
    Member
    Ditto...the details are in the documents. You might approach you uncle to go over the papers with you in order to see how you can help and to have a good visit with him about the status of your father.
  • M1
    M1 Member Posts: 6,721
    1,500 Care Reactions 1,500 Likes 5000 Comments 1,000 Insightfuls Reactions
    Member
    Bless you abc. Don't sink...we're here to buoy each other up.
  • Pat6177
    Pat6177 Member Posts: 442
    100 Likes Third Anniversary 100 Comments 25 Care Reactions
    Member
    abc123, I’m sorry you have so many balls in the air at one time. I agree with the other posters as far as the DPOA and hopefully Crushed will provide his wisdom. Meanwhile, if your uncle is calm, maybe a chat with him in the near future, asking him to check in with your father and try to calm him might be helpful. Your father might accept certain comments from your uncle that he wouldn’t accept from you. Just a thought… Hang in there.

Commonly Used Abbreviations


DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
Read more