What Happens When Power is Denied ?

by Renee
(San Jose, CA. USA)

I care for mt mom who has Alzheimer's. I live at home with her and I'm responsible for all doctors, insurance, monthly bills and shopping cleaning, keeping her social and busy, brain games and cooking etc. My life has been beyond stressful.

My older sibling who helped my mom get a reverse mortgage about 10 years ago, and is holding a small amount of moms money for her .. is also power of attorney when my mom dies.

Last year in February I was granted durable power of attorney, my sisters (older sibling) contact lawyer. We all drove together me my sister and my mom.

Then in September 2018, i and my mom request some emergency money from her account,... my sister agreed and then changed her mind and only was able to give us half of what we asked for. Mind you, its my moms money.

Later my sister and i hashed it out on the phone and she screaming that she has the power of attorney, I was shocked and said have she read the contract, this is now 2019, end of February a year after i was granted.

What does a durable power of attorney do if another sibling isn't giving the attorney in fact which is me the funds to care for my mother?

Also should I protect myself in case this falls on me by her being scandalous? What happens to the power when they are confronted with an uncooperative entity that is supposed to abide the law and doesn't ? thank you

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by: Anonymous

Your sister could have had your mom sign a new DPOA without your knowledge. I know because it happened to me. My sibling also had mom sign amended trust leaving everything to him. Watch your back & don’t trust her, she’s being sneaky & narcissistic.

don't worry
by: Greenacres

If you have durable power of attorney, it says specifically what you can do with your power. If your sister is not following the letter of the law, then she will face criminal charges. Do you have a lawyer? You need to let him know.

If she's not giving mom's money for her expenses, maybe she does have the right to refuse. You need to find out. I sure would appreciate to be appraised of this situation as it unfolds.

Good luck and I think these are some very important questions. I can't believe how families fall apart because of this bull. Don't let them second guess yourself.

I am going through a similar situation. I was told to F*** off just because I wanted to know what a POA was by my sister. Now we have not spoken in 3 or 4 years. I've tried to reach out, but all she cares about is controlling mom and her money.

Mom wants to move back in with me, and now sister is blackmailing me so mom has to live by herself alone in her own home living on frozen dinners. She hates it and is so lonely. Life really sucks since my Dad passed away.

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