'Power of Attorney'?

[Guest]

It's a sort of long story, but one of the issues is that my aunt now has power of attorney over my grandmother (this aunt engineered moving her into a trailer near hers, and is appropriating my grandmother's posessions for her own) and has access to her bank account along with taking it down a great deal. My grandmother is here for three days (I could rant about some other stuff, like my mom's step sister arranging for grandma to visit for three weeks and then telling my mom that she can have grandma for three days) and she's very sharp and aware. My aunt has been telling people that grandma has 'dementia' and 'alzheimers', well, my mom has taken care of two people over her life who had dementia, and one with alzheimers- and we both agree that my grandmother has no signs of this. Aunt and "step-aunt" seem to be in league on this.

She's worried that they're going to try to put her in a home after christmas. She doesn't recall signing anything that gave over power of attorney, because she reads what she signs.

There's more behind this, I haven't really gotten into detail here with family, or locations, that might make a more complete picture, but you guys will get the gist.

Input?

[The Rabbi]

So what are you asking, exactly?

[Dannyboy]

Ask the aunt for proof that your grandmother gave her PoA.  It's a written document so it shouldn't be too hard to prove, one way or the other.

[MillCreek]

I deal with powers of attorney all the time, although usually in the healthcare setting in the context of a durable power of attorney for healthcare.  In the state in which your grandmother lives, there is probably an agency at the state level (usually in the department of health or social services) called Adult Protective Services, Senior guardian services or something like that.  It is an agency that looks out for seniors and investigates senior abuse or neglect.  They probably have local offices at the county level.  Somebody should call that agency and make a report. The agency will take it from there.

[Paddy]

Elder abuse is a crime, and is not limited to physical abuse.  Taking advantage for personal financial gain is also included.  Check the laws of your state and call the local Adult Protective Services (or its equivalent) agency.  Just because your aunt may have POA doesn't mean she can do as she wishes.

[crt360]

More information would be helpful.  Who prepared the POA?  What kind is it?  When was it executed?  Was it a springing POA or did it go into effect upon execution?  Are the powers granted broad or limited?  Where does she live?  What, specifically, has the aunt done that seems to be an abuse?

She might want to discuss this with a good estate planning attorney.  It may be possible for her to revoke it.  She should review bank statements and other financial records to see where funds are going.

I have prepared hundreds of powers of attorney and have been on both sides of the issue you are concerned with.  When family members are kept out of the loop involving the estate planning of a senior loved one (grandma) it is common for them to become alarmed when another family member starts exercising control over grandma's finances.  It is also uncomfortable for many people to give up control of their spending power even if it just involves payment of regular bills such as rent, utilities and medical expenses.

I have also seen true abuse of a POA where life insurance beneficiaries were fraudulently relieved of hundreds of thousands of dollars.

Keep in mind that challenging the aunt's actions under the POA is likely to create some family tension if it doesn't already exist.  Calling APS on her is guaranteed to, and may be the fastest way to get grandmother put into a home.  If grandma needs a POA (and it is probably a good idea for most grandmas to have one prepared, even if it doesn't become effectively immediately) she will have to choose someone who can act as her agent.  If it's not your aunt, then it will have to be someone else who is trustworthy and willing to put the time into doing the job right.

As you may have already assumed, time is critical if she is concerned about depletion of her property.

The text of this post is provided for entertainment purposes only and should not be construed as legal advice.