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Recent Durable Power of Attorney questions

My mother had an attorney amend her trust without my

My mother had an attorney amend her trust without my knowledge, and I have a durable power of attorney for my mother in the State of Arizona. Can she do that without my knowledge or consent?

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Loren

Juris Doctor

37,064 satisfied customers
I have been appointed Executor of an estate but I have also

I have been appointed Executor of an estate but I have also inherited the estate.. there are no children or spouse. The Will has been drawn up by an attorney and I do have a certificate number. He has since retired.. cannot contact him.. Do I just simply go to the probate court and deliver the death certificate?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: What documents or supporting evidence do you have?Customer: The certified WillJA: Anything else you want the lawyer to know before I connect you?Customer: I was also given Medical Power of Attorney while living and Durable Power of Attorney to handle matters... but those of course are no longer valid since she has passed.

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
If you add your executor to your banking accounts & added to

If you add your executor to your banking accounts & added to the title of home do you need anything more than a durable power of attorney?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
My grandmother has deminsia, we are in California and need

My grandmother has deminsia, we are in California and need to get conservatorship done. We can not locate the original trust only copies and the attorney for the estate does not have copies. The attorney we have hired insist the judge will not except copies even if the trust attorney testifies the documents are the ones he prepared.We have two issues first we need to sell property for her to be in a good memory care facility.The only original document we have is a property Durable power of attorney for property I was managing for her that is dated in 2006.Can I act on her behalf to manage properties with the durable power to collect rent etc?Should we seek a new attorney for conservatorship?

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Infolawyer

Attorney

Juris Doctor.

37,606 satisfied customers
I paid a lawyer $5000 to make a will, durable power of

I paid a lawyer $5000 to make a will, durable power of attorney, a trust, and protect assets. After I paid him, he refused to return phone calls or anwerer e-mails for two years. The Georgia Bar website said to send him a letter certified mail to answer. He responded that I never tried to call him as he has phone records. I sent him a Yahoo record that I contacted him 5 times in one year. I went to a another attorney, he made several errors in the will that she must correct and I have to redo an OPM benficiary form that is badly inked up. My wife may have to go into a nursing home and she said to put our savings account in my name alone so she can qualify for Medicaid. WE have $270,000 in savings that must be spent down. He did not tell us this although I asked him in writing to shield our assets. He spent half an hour with us and did not answer any of my questions, the new attorney spent 2.5 hours with us and only charged $950. I want her to redo the documents and be our attorney. Is there any way I can get some of my $5000 back. Would Medicaid deduct 2 years from the 5 year look back period. Our banker said there is a 5 year look back period although she is not a lawyer. I don't think I should involve the new lawyer in dealing with this scoundrel. What are my options in dealing with him? Should I proceed with my Georgia Bar complaint? Do they have any power to help me recover some of my money? Will Medicaid give us a break because of his bad advise?

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Loren

Juris Doctor

37,064 satisfied customers
I'm back with more questions about a Durable Power of

For Barrister: I'm back with more questions about a Durable Power of Attorney. For the sake of clarity and simplicity I chose to state my question in the 1st person--however, I felt a bit guilty when you said that I didn't seem to be at all incompetent, so this time I'll give a short history of why I've been asking these questions, and for whom. Ralph is 95 years old and has been living with my 95 year old mother for the past 13 years. His doctor told my mother that Ralph had the beginning stages of Alzheimer's at that time. Out of absolute (but unwarranted) trust my mother advised Ralph to put his daughter's name as a co-signer on his bank accounts for easy access when he passed away. One and one-half years ago, his daughter came from Georgia with the Durable P.O.A, a Last Will and Testament and a Living Will, asking Ralph to sign, but not explaining to him what he was signing. Once again, trust was the only error. In June his daughter withdrew most of his savings ($50,000--leaving $3,000) against his express wishes and deposited it in a new account which Ralph doesn't have access to. She followed up with a letter saying she was expressly hiding the money from Medicaid since Medicaid would take it all if he should ever need to go into a nursing home. (She clearly is unaware of the 5-year look-back period required by Medicaid as is her accountant who claims to also be her attorney.) My mother takes exquisite care of Ralph, as she has his $1,900 monthly income--saving the $50,000 which his daughter has now claimed. My mother has no intention of placing Ralph in a nursing home, but will, if necessary seek in-home care for him. At this time, she does everything herself (my mom's a fireball and mentally very alert.) She owns the home they live in and has no debts.In July I reported this case to the Adult Protective Services here in Seattle as elder abuse and they are now investigating--but very slowly. In the meantime his daughter took the remaining $3,000, leaving $100 in his savings, so I assisted Ralph in opening a new account in a different bank, redirecting his social security and pension into the new account which should go into effect in September, with my mother as co-signer. Even though his daughter doesn't know about this change, she knows we are all very unhappy with what she's done so had her accountant send a letter to my mother saying that she could take any amount of money she wanted and that to open a new account would be "unlawful." His daughter clearly is in it for the money and has very little concern for Ralph's well-being, treating my mother as her enemy. Ralph's Alzheimer's (or dementia) has progressed and a court would probably find him incompetent, however, I doubt very much that a court, after hearing their story, would appoint his daughter, who is 2,735 miles away, as his guardian. Your answer to my second question elucidated that issue. The sad part here is that if she hadn't been so greedy, eventually the money would have been hers.I wanted to make sure Ralph's money was secure before I took the next step which is to revoke the P.O.A. which brings us to my original question about this Durable P.O.A. Ralph is aware what his daughter has done, and does not want her to have or take his money. He relies very heavily on my mother's advice so probably wouldn't have understood much of what has transpired without my mom. My mother has taken scrupulous care of his finances--only asking him to pay for the groceries, and one-half of all household expenses up until the past year and one-half, where she realized he was a full-time job and that she should be compensated. She then began to accept $500 per month for herself. Ralph, with my mom's help, always withdrew $600 whenever he felt he needed money (to reimburse my mom for household expenses). There are bank statements going back 10 years showing how he spent his money (and with my mom's help was able to save $53,000.)My question this time is: Should I go ahead and prepare a Revocation of Durable Power of Attorney for Ralph to sign since he is still "legally" competent until declared otherwise in a court of law? This I would have notarized and sent to the bank that still holds the joint account with his daughter (which we were unable to close because of the P.O.A), to his doctor (who stated he didn't really want to be involved in any legal proceedings), and to his daughter and her accountant/attorney. BTW, I was a legal secretary for many years, which has greatly aided in my research. However, that doesn't make me a lawyer, and your advice is greatly appreciated, as is this online service.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
My mother in law has a legal guardian of the estate and

My mother in law has a legal guardian of the estate and guardian of the person, she is in very poor healthIf she passes away, who takes over her financial responsibilities, such as selling her house and liquidating the assetsThe three "children" do not get alongMy wife is her Durable Power of Attorney and her Guardian of the PersonThank you

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Christopher B, Esq

Attorney

Juris Doctor

5,270 satisfied customers
A year and 1/2 ago I put my daughter's name on both my

A year and 1/2 ago I put my daughter's name on both my checking and savings account so she would have access to them when I passed away. She then had me sign a Durable Power of Attorney, but didn't explain to me what that was. I trusted her. Now, against my wishes, she has drained both accounts of $53,000 leaving $100 in savings, and $2,000 in checking (the total direct deposit of my social security and Teamster's pension each month). She is claiming I am incompetent and hasn't left me enough money to hire an attorney to prove I'm not. Also, she lives in Georgia and I live in Washington State. She does not have any guardianship papers or other rights over me, just the P.O.A. The bank says I cannot remove her name or close either account because of the P.O.A.QUESTION: Can I move the direct deposit of my social security and Teamster's pension to another account in another bank without notifying her? Unless I do this, she will continue to take all my money.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
My 91 year old father's only assets now are a checking and

My 91 year old father's only assets now are a checking and savings accounts of which he added me as co-owner 2 years ago. Does he need to do a living revocable trust or is designating me as durable POA enough to handle his finances after death? He no longer has real estate holdings and very few bills.

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ScottyMacEsq

Doctoral Degree

22,674 satisfied customers
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