My wife's mother is no cooperating with her and is doing things that could get my wife in trouble.
It is a durable POA with broad powers that in essence state among other things that the agent will maintain the principle's standard of living respective of her income. The mother has rented a trailer with no running water, no kitchen and no toilet for as much as it would cost her to rent a room with all of those things available. She is an alcoholic , 75 years old with quickly diminishing capacity unable to understand that in order for her daughter to help her she has to cooperate. We are concerned that the way she has chosen to live could mean a breach of fiduciary duty on her daughter's behalf.
Well, if she is so mentally incapacitated, your wife can still handle her finances. Even if her Mother does not want to move. The POA can only do what she can do. You can't force the Mother to live in a way that is safest, only request it. But the POA is there if once the Mother becomes totally mentally unable to make financial decisions or medical decisions the POA does that for her.But if your wife is uncomfortable then she needs to mail the written Notice. Once that is done, however, know that the Mother would have to sign another if your wife changes her mind and the Mother would have to be of sound mind to do that or it will be questioned.
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