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Recent Durable Power of Attorney questions

My Father 96 with dementia in VA affiliated Nursing home

My Father 96 with dementia in VA affiliated Nursing home Ventura ,Ca. As POA can I sell his Mobile home?Father in Hospice also. If sold what to do with money? Put in his account? VA picking up all room & board ,costs & will VA want recovery from sell of mobile home?

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Roger

Litigation Attorney

Doctoral Degree

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Needing to establish Durable Power of Attorney mothers

hi, needing to establish for a Durable Power of Attorney for my mothers financial transactions whereby my sister and myself can handle her business/investments, etc. We recently moved her from New Jersey into an Assisted Living facility in Virginia where she is currently still a resident and owns a home. I have changed mail-to address with the Post Office and all her Financial / Medical associations to me who lives in Maryland. We plan to register her to vote in VA.1. Is on the Durable Power of Attorney what address should I use for my mother, VA, or MD. If VA wanted to confirm that the Financial institutions will not have issue as her mailing address is MD.Also there is verbiage in the PoA to specific state, see below.2. Do I need one for each State she has business in3. Is there a generic PoA forms available that would cover all jurisdictions/States?"the Attorney-in-Fact the legal authority to act on my behalf for any power legalunder law in regard to my financial decisions under the State of ______________"thanks

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Phillips Esq.

Attorney

Juris Doctor

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My mom was diagnosed with stage 4 pancreatic cancer in mid

My mom was diagnosed with stage 4 pancreatic cancer in mid October. My brother and I are her identified heirs on the will to split fifty fifty. My uncle is the executor she has a living trust and lives in Floridawe live n New YorkIn Noveber she said she had close to 400 thousand in assets and was glad that she could leave her kids a couple hundred .grand. Our relationship was good at the time. Mom put us on her checking, and safety deposit box. But Did not put us on her savings account. She said she would take care of it later. The attorney gave her paperwork to transfer assets to the trust. She has a cd that was identified but I don think that was transferred to the living trust It seems that she is using a second savings that we were not aware of. Highly unlikely that that was transferred to the trustAt thanksgiving she introduced us to her close friends- The ..... (She never mentioned them before- but the wife is a nurse practitioner who was taking her to MD visits and the husband was a handy man who would be helping her move into her new apartment -- paint it, hang fixtures...)After the closing in mid December, her apartment was not ready to move into. The husband still had work to do. This couple invited her to stay with them. He continued to do work in the apartment, (the apartment was in excellent condition before he began working on it. The wife handled her pain management medications (She will deny this- but on several occasions I'd noted my mom asking her if she could take a pain pillNew Years I saw her again- her apartment was still not ready - but I noted that their friendship was deepening and she didn't seem to need me emotionally as she had in the pastFebruary 1- Mom decided to permanently move in with them as they really wanted to care for her and she didn't want to be alone. During this time she didn't answer the phone as much and was heavily medicated when we did speakShe would repeat how she was leaving us a couple hundred grand, until one day she mentioned some past problems in our relationship and how there are other people more deserving than you She made a few references to not trusting me -- that I would try to take some of my brothers portion of the estate. My brother and I are closeWhen she was lucid and feeling well I did ask her if she had followed through with the savings account or the living trust paperwork. If not, I said I could help her with thatI asked to speak with her attorney, but she told me I didn't have authorization. She told me to have my uncle call He did. More paperwork was sent. Nothing was doneMid February I checked the activity on her checking account (this is the only a account I have access to). It showed the withdrawal for the apartment that she bought.My mom now owned two apartments. (She had enough cash to do this)She then sold one of the apsrtments and a 80 grand deposit was wired into her checking account After there was a 50 grand transfer to her savings. There were at least 10 thousands dollars worth of checks made out to this couple from the checking account (this I thought was probably related to her move and the apartment work) and other withdrawals that were large -- 3 grand was left in her checking account I recall asking my mom about it. She was offended and called my uncleMy uncle said this is upsetting to your mother. If you have any questions about the account ask me So I told him of the large withdrawals and the 50 grand balance transfer I was unsure if the fifty grand was in the savings but it would be helpful to me to have her paperwork complete. And have access to all her accounts I informed him That moms banking was being done via Internet and mom is medicated and incapable of working a computerHe spoke to the husband- (Ron) Ron said he helped my mom with her bills Yet he knew nothing really of her assets. My uncle warned me to lay off these people. They are taking care of your mother because they care for her. And they are really getting nothing for doing thisVisit mom late February --mom admits to me that she pays for everything in the house to help out. If he goes to homedepot she will buy him tools So in her way she pays him like that She says he does her online banking We offer to pay him rent. He said not necessary. We adore your mom We tell him we need access to her accounts. Can you help us. He says he doesn't have access. And refers us back to my mom. My mother just sat there when he said he didn't know how to access her stuff We offer him money. He says I do this because I love your mom. We insisted he give us a rent price He said 1500On chemo and a morphine patch she spent at least 80 grand. I want a list of assets and account access before she dies. Ron has been offended we asked and says my mom would have that

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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My 92 year old mother is the surviving spouse in a family

My 92 year old mother is the surviving spouse in a family trust, and is currently the lone trustee for both the revocable trust and the bypass trust that were created upon the death of my father. I am named as the successor trustee for both trusts, and I also have durable power of attorney for financial as well as health care decisions for my mother. My mother is incapacitated with unlikely improvement (we are currently arranging for hospice care for her), but several documents are accumulating that require her signature as trustee. These include tax returns (personal and trust), commercial property insurance applications and agreements, a commercial property rental agreement (with the trust named as the insured), and an agreement of purchase and sale and joint escrow instructions for a property held in partnership (the revocable trust is one of the partners). The trust states that two licensed physicians must examine and provide a certificate or statement of inability of the surviving spouse to continue to serve as trustee before the successor trustee can assume trusteeship. I have been overseeing the management of her investments and taxes for many years now, at her request and permission, but she has always signed required documents. She has handled her own personal finances (bills, personal expenses, retirement income) until just three weeks ago, with assistance from me only if requested. My dilemma is that the correct legal action (finding two physicians who will come to our home to examine her and provide written statements) will be intrusive and possibly upsetting to her (let alone difficult to find two physicians willing to make a house call - physically taking her to two physicians is out of the question - I refuse to put her through that ordeal (she is currently bedridden)). Can I sign ANY of these documents as her agent or as attorney-in-fact? They are all in her best interest, and she would have me sign for her if I can. She tried to sign one of the documents earlier this morning but does not have the strength and asked me to bring it to her later, although I doubt she will be able to sign later, either. I am trying to do the right thing legally, but do not want to add any burden to her that I can possibly avoid. I am also her only surviving close relative (no surviving spouse, parents, siblings, or other surviving children) and am the sole beneficiary of her estate. Thank you,

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I am named as attorney in fact in a durable power of

I am named as attorney in fact in a durable power of attorney document executed by my mother. I want to endorse a check that will be deposited into her account, and this will be a recurring event. I plan to have a rubber stamp made to make this easy. Please tell me if this styling for the stamp makes sense to you:[Mother's Name]by [My Name]Attorney-in-fact underPOA dated 6/5/2016She has accounts with a mega-bank. Do I need to send their legal group a copy of this durable POA before signing checks for deposit? I would think that checks deposited into her account would be considered a low risk transaction from the bank's viewpoint.

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Loren

Juris Doctor

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Michigan specific question as it relates to health care

Michigan specific question as it relates to health care directives. Specifically, the durable power of attorney for health care as recognized by statute in Michigan (Section(###) ###-#### ***** 386 of 1998) specifies the naming of a patient advocate, an "individual who is 18 years of age or older to exercise powers concerning care...".My question is does the Michigan law by virtue of expressly stating the naming of one individual preclude the naming of more than one person acting in agreement on such matters. Specifically, I would like to suggest to my Dad that he appoint any two of his three children to make decisions on his behalf. My Dad is unfortunately terminally ill. He has made his wishes clear to all of us, but it is difficult to name one individual given our family circumstances.Is this possible? Important that we not create a document that we learn in the moment of truth is not acceptable to those that would need to act on behalf of the direction provided. If it is acceptable, can you propose language that would accomplish our objective (any two of three named individuals in agreement).Thanks. Jim.

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Marsha411JD

Doctoral Degree

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18,644 satisfied customers
Personal documents issued by attorney in Commonwealth of

Personal documents issued by attorney in Commonwealth of Massachusetts in 2011.Should any of the documents, listed below, be amended or edited if you move out of Massachusetts?Durable Power of AttorneyLiving WillHealthcare ProxyWill

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Ely

Counselor at Law

Juris Doctor

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Was made durable power of attorney and co executor of living

was made durable power of attorney and co executor of living trust along with step brother- from out of state sister comes in and father on hospice barely able to eat etc with few days to live and she spends a few days with him from and has him make decision regarding where mother should live changes medical power of attorney she has manipulated everything. Since she is not mentioned in living trust except as final medical power of attorney what rights does she have.

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N Cal Attorney

Doctoral Degree

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My question is in regard to Durable Power of Attorney. I am

My question is in regard to Durable Power of Attorney. I am my mother's POA (for financial) and it clearly states on the paperwork that I am appointed 'Attorney-in-Fact;. In the event my Attorney-in-Fact is unable to serve for any reason or if my Attorney-in-Fact is currently my spouse and we become legally separated or our marriage is dissolved, I name..." # ***** or # ***** "as successor to my Attorney-in-Fact". The situation is this.... #2 on as one of the successors is my sister who has been digging into my mother's finances and causing complications used the POA paperwork to gain financial knowledge from a collection agency - that I was not even aware of as I had never been notified by the first party nor the collection agency that there was a bill (now paid). My concern is that if she was able to gain this financial knowledge with supplying paperwork with her as a successor and I am still completely capable & alive - this could snowball into something much worse. Is it illegal for her to imply that she is the POA by sending this paperwork to the collection agency? and secondly, is there anything I can do to curtail any of her further use of the POA until I am 'not capable'. Thank you

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LegalGems

Juris Doctorate

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12,870 satisfied customers
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