I have a legal question about POAs

elainechem

My brother has (finally) signed POAs. He assigned his stepdaughter as his primary. He once told me that I'm mentioned as a successor agent, but I'm not sure whether I'm second or third. Anyway, his stepdaughter just gave birth on Saturday. She said she can't serve in that capacity and has asked if I can do that. I think she needs to write a statement to that effect. What should the statement say and does it need to be notarized?

SDianeL

I would speak to an attorney. I just looked on Legal Zoom and for DPOA the agent can’t transfer if the principle is incompetent. If true, You would have to get guardianship. People need to be careful when they agree to a DpOA.

elainechem

The wording on the POA form usually says something like this: "If my agent is unable or unwilling to act for me, I name as my successor agent ______." I don't think that the principal needs to be mentally competent to transfer the powers to the successor agent. Otherwise, what would be the point in naming more than one agent?

Carl46

Sounds like you don't have a copy of the POA. I think your first step is to get a copy and see what it says. And you probably need to talk to the lawyer who drafted the POA.

elainechem

No, I don't have a copy yet. He has told his stepdaughter that he is bringing her a copy. We'll see. I saw a draft of it when I visited him in August. At this point, he isn't willing to share a much with me. He wants me to leave him alone. I could simply wait until something catastrophic happens and then step in and try to clean up the mess.

harshedbuzz

Because dad's DPOA was written by a CELA who was aware I might need to act as agent in the event she could not, I never had an issue. I sold their home in Florida as DPOA because mom, as caregiver, was unable to travel. I acted on her behalf as well. Despite the fact that I was DPOA, at the settlement for their MD home and FL home, checks were overnighted to my parents rather than handed to me which seemed odd but fine.
HB

elainechem

Nobody that my brother does business with is aware that he has a cognitive decline. According to my brother, his own physician disagrees with the opinion of the neuropsychologist that I managed to get my brother to see. I'm not in direct communication with his doctor, so I can't ask any questions. I'm very frustrated and I feel powerless.

M1

so frustrating to see the train wreck coming but have your hands tied. The stepdaughter is in a very difficult position, he is going to inevitably be angry with her that she won’t do as he wants. She is going to have to act in some capacity, if nothing else than to officially decline to act. But likely nothing you can do in the meantime.

elainechem

And here's the kicker. I had sent in a report to his state's MVD. I didn't want him to try to go on a cross-country solo road trip. At the end of this trip is his stepdaughter who just gave birth days ago. He left on Sunday, just hours after the baby was born. He fooled me. I thought that he was going to leave a week or so later. I was planning on asking him if I could go along. I would do all of the driving. The neuropsychologist said that he has an increased likelihood of getting lost based upon her testing. The MVD sent my brother a form that he needed to have his doctor complete to determine whether his driving should be limited in any way.

Yesterday, he emailed me a scan of the form that his doctor allegedly completed. The form said that he has no cognitive issues and should have no restrictions on his driving. It included a copy of an MMSE which was completed in May at the doctor’s office. That could be real. But the signature isn't even vaguely similar to the doctor’s signature that I have seen on the medical records that I am in possession of. I'll try to attach a picture of this signature. On the medical records, his signature is very readable as his name. It says that those records were digitally signed by attaching a scan of the doctor's signature. It's very legible. You can easily see what his name is based on that-signature. Can a doctor's signature change that dramatically when it's signed in person?

elainechem

Crushed

Nobody can advise you except a lawyer licensed in your state who examines the DPOA

Do it yourself POAS rank with do it yourself Hemorrhoid operations . At best a pain the in the ass

Ive been a lawyer since 1976 and mine was drawn up by another lawyer

elainechem

His POA was drawn up by an estate lawyer in his state of residence. I don’t live in that state. I haven't seen the power of attorney forms. Presumably, his stepdaughter will send me copies since she has told me that she can't act in that capacity. I just wanted to know what she would need to do in order to transfer the responsibility to a successor agent.

elainechem

I broke down and called a lawyer in my brother's city. He was recommended by the person I spoke to at the Alzheimer’s Association office there.

Chammer

If you know the attorney who drew up the paperwork, I would think you are able to request a copy of the POA if you are named as a person with responsibilities. Do you or step daughter know the attorney's name? Once you have a copy, you can discuss with your attorney to determine if anything needs to be changed to allow you to act instead of stepdaughter.

elainechem

I do know the name of the attorney. I didn't know that you could do that. I'll check it out.