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I was poa for my 89 year old Mom that has dementia for over…

Customer Question
I was poa for...

I was poa for my 89 year old Mom that has dementia for over a year. During this time I put most of her money in a family trust And was able to get my mom VA benefits I was just revoke for POA for reasons I didn’t follow my mom’s wishes for the money( all I did was pay her bills. But my mom’s friends wanted her to get to go to dinner and dancing like they did before they claim I was not letting her do that. I have seen her take a hairbrush to invisible spiders,’and fighting with the staff. She even hit me in the head with a heart monitor.!So I wanted to talk to the dr first she stated if she got out she would run into the street in front of cars. This 2 things also made me uncomfortable letting her out. The day I went. There hoping to talk to the nurse or dr .I was told from the PA to start out slow like lunch My older sister came in from Nashville wants me to close the trust and she wants to open a trust in her name even if she is on the trust already.! With her being the POA now can she get into the trust? She sent me a text told me she wanted me to close this trust. My lawyer said she coldnt get into it because I was the trustee on the trust. So I didn’t know which was right do I have to close it and write her a check or can I keep it to pay for my mom’s care?

Lawyer's Assistant: What state is this in? And how old is the car?

Michigan. There’s no car involved .

Lawyer's Assistant: Has anything been filed or reported?

I just noticed half of what I wrote is under Tom B banner!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I said what I wanted to know. Like I said the whole question is covered up. I need someone who deals with the elderly

Submitted: 1 month ago.Category: Family Law
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1/19/2018
Family Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 20,588
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

I am sorry to read about your difficulties.

Your Questions:

With her being the POA now can she get into the trust?

Response 1: No, unless she is a co-Trustee of the Trust. If she is a successor Trustee she can only act if you resigned as the Trustee, removed as the Trustee, or became incapacitated.

She sent me a text told me she wanted me to close this trust.

Response 2: That call is up to you as the Trustee of the Trust. She cannot tell you how to run the Trust. You are the administrator of the Trust.

My lawyer said she coldnt get into it because I was the trustee on the trust. So I didn’t know which was right do I have to close it and write her a check or can I keep it to pay for my mom’s care?

Response 3: If you opened the Trust because you had the POA, now that you are no longer that POA, that responsibility would now fall under your sister to take care of your mother's bills. However, you do not have to close the Trust and write her check for this to be accomplished. As the POA, she can send you the bills, and you can then pay them as the Trustee of the Trust. You do not have to close the Trust. You can still run the Trust while she is the POA.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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