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Recent Durable Power of Attorney questions

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

46,274 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

22,520 satisfied customers
How does it take for a durable power of attorney for CA take

HI Pearl, How long does it take for a durable power of attorney for CA take place after official signatures and who do you send the final documents too?JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: California. It is the California General Durable Power of Attorney.JA: Have you talked to a lawyer yet?Customer: We have not spoke to an Attorney yet.JA: Anything else you think the lawyer should know?Customer: No..It is for my son who is diabled and I would be the agent for him.

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Maverick

Doctoral Degree

6,340 satisfied customers
Used Power of Atty to withdraw annuity and now husbands

Used Power of Atty to withdraw annuity and now husbands family had him declared disabled and unable to fend for himself. We have been married over year in May. My atty here states they are coming after me "guns a blazing" ! Husband was taken from our home and is in Virginia, I am here in SC. What can I do?

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Maverick

Doctoral Degree

6,340 satisfied customers
I have Durable Power of Attorney in regards to my 88 year

I have Durable Power of Attorney in regards ***** ***** 88 year old neighbor. Her husband died in October of last year in Goldendale Washington. He fell ill suddenly while they were camping on their land (off gird). A "friend of a friend" took them in, so they would have running water and electricity for his comfort. He was diagnosed with end stage pancreatic cancer. Two weeks later he died. In that two weeks they were at this stranger's house, a will was drawn up, and the stranger was named executor. The woman I represent is very meek and did not challenge the appointment. Since that time, there have been several issues come up that are beyond suspicious about the executor, with two instances that cash is not accounted for totaling $6,000. I have spoken to the lawyer and executor several times and I get the runaround from both of them. It's gotten to the point that the executor is now going behind my back to her family, trying to discredit me, in the hopes they will pressure her to revoke my power of attorney. I am in Arizona, ans my neighbor came here to close up her house, as she is moving to Oregon to be closer to family. We spent two months here in Arizona getting her affairs in order and we spoke to the lawyer many times via telephone. I just came back from taking her to Oregon. In the last conversation with her and the lawyer, and the executor in a phone conference, I asked some tough questions about the missing money. The lawyer and executor dodged the questions, and the lawyer kept telling my neighbor that "when she got back to Oregon he wants to meet with her face to face". I asked him why he wanted to meet her without me present and he wouldn't say. I asked point blank if he would agree to have me on the phone and he said no. My question is this: As power of attorney, isn't it my right to be able to protect her by insisting any communication the lawyer or executor have with her include me? Without me, she is very vulnerable and can be manipulated easily. She wants me to help her and doesn't want to talk to them without me. #6 on the power of attorney form says I can act "To do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the premises as fully to all intents and purposes as Principal might or could do if personally present, hereby ratifying all that Attorney-in-Fact shall lawfully do or cause to be done by virtue of this Durable General Power of Attorney. If my neighbor doesn't want to deal with this probate attorney and her deceased spouse's executor without me involved, meaning any time they correspond or communicate with her, it's not to be done without me. As in, if she goes to his office to meet with him, I want to be on the phone on speaker so I can help her with answers and questions etc. It has gotten to the point as of last night, the executor knows he's been caught by me embezzling money and he is lashing out in desperation at me. The attorney that is hired by the executor is no help at all and even though his fiduciary duty runs to my neighbor, who is sole heir to the estate, he is less than cooperative and will not stand up and do his duty in regards ***** ***** with the dishonest executor. This elderly woman is very vulnerable. She needs my help. Do I have the right, with her permission, to insist from this point going forward they are to communicate with her only if I am involved?

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Damien Bosco

Attorney

Doctoral Degree

2,740 satisfied customers
My best friend has an unpleasant situation regarding her

My best friend has an unpleasant situation regarding her parents' 2007 Family Trust (Stone Family Trust). Mr. Stone passed in 2009, Mrs. Stone has Alzheimer's. Dtr. Laurie was named as Trustee on Durable Power of Atty and later removed to to financial abuse of her mom. Dye. Jennifer assumed trustee role.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,614 satisfied customers
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

33,426 satisfied customers
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

17,924 satisfied customers
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

46,274 satisfied customers
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