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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38211
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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Durable power of attorney was granted to my husband by his

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Durable power of attorney was granted to my husband by his father right after his mother passed away in February. The father moved in with the sister and she has used his social security check to her rent. Now she wants more money and has taken the father to the bank and withdrawn money out of the account my husband is a co-signer on and then opened another account with her father. She is having financial problems and has filed an elder abuse against us because we moved the money to an account she cannot get to. Today she called and advised us she has taped all of our conversations, she lives in Arizona and we live in Oregon. She will turn my husband in for grand theft of his fathers car that he told his son to take home and use and she gave us the keys to it. She will also turn my husband in for stealing his fathers money because it is in an account that that has my husbands name on it but not his fathers. His father has dementia/alzheimer's disease and will need to go into memory care but she doesn't want him to because she will loose his social security money. Can we protect his father or will we have to turn the money over to her if she files a new power of attorney ?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
Can we protect his father or will we have to turn the money over to her if she files a new power of attorney ?
In a situation like this, if father granted your husband a durable POA, then he would have the power to do anything that father could do on his own. A POA just shares the grantor's powers with the holder of the POA. So he can't be charged with any type of theft as long as he hasn't used the money for himself personally because the POA give him the power to act on behalf of father. So there is no grand theft or any other theft because husband was authorized by father to take charge of these assets. Sister is apparently just desperate and doesn't understand the law of POAs.
Even if father gives daughter another POA it won't revoke husband's unless father specifically revokes it in writing. Since the money is in an account in husband's name, daughter's POA wouldn't give her the right to get that money out of the account without a court order.
With that said, if father needs care that sister is unable or unwilling to provide for fear of losing that money, husband could file a petition for guardianship in AZ where he is living and be appointed guardian. He would then have full control over father's assets and care and sister would not have any legal authority to do anything because any POA she had would be overridden by the guardianship. Then husband could get father into an assisted care facility to get the care he needs.
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