Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

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: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 51 minutes by:
1/19/2018
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,663
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Family Law Question
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months 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.

Ask Your Own Family Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,663
21,663 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
a pregnant friend is giving me custody of her newborn baby.
a pregnant friend is giving me custody of her newborn baby. CPS is involved with her current children. The mother and father are in agreement to give custody to me and in 6 months time the father and … read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,437 satisfied customers
How difficult is it to get custody of 17 year old children
How difficult is it to get custody of 17 year old children if they want to live with the other parent .... meaning, they want to live with their dad?… read more
soloprac
soloprac
Attorney
Doctoral Degree
662 satisfied customers
My friend has an open CPS case, her children have been placed
My friend has an open CPS case, her children have been placed with relatives. When she had her last child it was also picked up from the hospital and placed with his sibiling, she is currently pregnan… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,837 satisfied customers
If Mother's Day weekend is on the Fathers weekend and The
If Mother's Day weekend is on the Fathers weekend and The mother has the kids. Is his weekend lost? And the mother can have 3 weekends in a row? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,701 satisfied customers
If a mother and daughter team are denying a developmentally
If a mother and daughter team are denying a developmentally disadvantage aunt access to her older brother while also trying to steal the family home property,m doing this in the presents of three kids… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Grandparents rights mother and father never married. Indiana
Grandparents rights mother and father never married … read more
Sean K
Sean K
Attorney/Member
JD
606 satisfied customers
Mother was receiving child support. Mother moved to va but
Mother was receiving child support. Mother moved to va but son wanted to stay in ny. Son bus picks him up at grandparent during the week sleeps at grandparent and father will keep him on weekends or w… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
In a temporary custody hearing of a mother of a 4 month old
In a temporary custody hearing of a mother of a 4 month old and a cousin and her husband who are fighting her for temp. Custody because of the mothers mental instability and her boyfriend is a child a… read more
Ray
Ray
Lawyer
Doctoral Degree
32,540 satisfied customers
My children are complaining to me that there mother and
My children are complaining to me that there mother and stepdad both text and drive, which is illegal in Illinois and just as dangerous as DUI. I've asked them to stop and they have not. Two of my pas… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
Is it possible for a mother to voluntarily terminate her
Hello, is it possible for a mother to voluntarily terminate her parental rights irrecoverably? I'd like to settle a divorce with my soon-to-be-ex but I want to make sure that she will never, ever, eve… read more
Bill Attorney
Bill Attorney
law
2,225 satisfied customers
In Florida, if a mother is married but separated (but
In Florida, if a mother is married but separated (but perhaps not legally so) and has a child with another man she is not married to. The biological father signs the birth certificate, but the mother … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,427 satisfied customers
Parents are not married, mother of the child is asking if
parents are not married, mother of the child is asking if she has any rights to see the house her daughter will be staying at along with what kind of person is the new girlfriend … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My mother took in her infant sister after their mother died
My mother took in her infant sister after their mother died and raised her as her child. No adoption was ever done. My mother's will states that her children should divided between her children. Shoul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a grandparent who is seeking emergency temporary custody.
I am a grandparent who is seeking emergency temporary custody. My son is currently in a in-patient rehabilitation center since 11/18/09 for drug addiction. He is now able to visit in the evenings and … read more
Lawdoctor
Lawdoctor
Attorney At Law
Doctoral Degree
1,396 satisfied customers
Can Child Protective Services talk to a minor child without
Can Child Protective Services talk to a minor child without a guardian or parent being present?… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Is it illegal to use someone elses address without their permission?
Is it illegal to use someone else's address without their permission? My mother received in her mailbox a tax return with her address. The tax return was for my sisters ex boyfriend who has lived in C… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
WHAT WOULD HAPPEN IF ONE PARENT FAILED A URINE DRUG TEST AND
WHAT WOULD HAPPEN IF ONE PARENT FAILED A URINE DRUG TEST AND ONE PARENT DIDN'T? WHO WOULD GAIN CUSTODY?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
DFCS and My Rights
I was informed yesterday by DFCS that a report was filed regarding the 2 children living in my home. They want to come out and do a home visit. They would not tell me over the phone what the allegatio… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x