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JB Umphrey
JB Umphrey, Attorney
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Experience:  Explains legal matters based on 14+ years experience.
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I had a POA in TX. for 6 years, it was recended and a person

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I had a POA in TX. for 6 years, it was recended and a person in CO. filed with the state of TX for POA. What information do I have to give them concerning the past 6 years of my POA.
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

When you use the term POA, do you mean "power of attorney"? Did you have power of attorney over someone else? Or, did someone else have power of attorney powers over you?

Thank you for taking the time in helping me better understand the circumstances you are describing.

~~ J.B.
Customer: replied 1 year ago.

I had POA on someone else. My Mother-In-Law while she was alive, and My Father-In-Law while he was in TX. My wifes sister came from CO. and had it recended and filed to get POA on my Father-In-Law. She now wants a financial statement covering from 2006 to present.

Expert:  JB Umphrey replied 1 year ago.
Thank you. When was your power of attorney rescinded?
Customer: replied 1 year ago.

In April of this year.

Expert:  JB Umphrey replied 1 year ago.
Thank you. Unless there is a court order, there is zero legal obligation to provide any information.

If a POA misused any of the money and is at risk of being charged with a crime, the POA may want to not disclose any information because they have a Fifth Amendment constitutional right to remain silent.

Of course, the POA is free to voluntarily disclose any information that they want to (if all of the money was properly handled).

If there is a court order to disclose information and if the POA is at risk of being charged with a crime for misuse of the monies, then the POA may want to hire a local attorney to assist them in responding to the court order in a manner that avoids self-incrimination and being held in contempt of court.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.


My POA states


My Attorney-in-fact will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence. Before my mother-in-law passed away she gave her daughter full control over all her affairs and finances, this was done verbally. The money was to take care of my father-in-law and cover all costs associated with that. He also at that time had given over his POA to her control.

Expert:  JB Umphrey replied 1 year ago.
Thank you for that follow-up information. That does not affect the original answer with respect to the options you may pursue.

If there is something specific that I can help clarify, please let me know!

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I may have questions at a later date, thank you for your assistance.

Expert:  JB Umphrey replied 1 year ago.
You are very welcome. Please do not forget to click on excellent service feedback so that we are credited for assisting you.

~~ J.B.

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