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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33935
Experience:  Began practicing law in 1992
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I have power of attorney over my uncle, recently we have

Customer Question

I have power of attorney over my uncle, recently we have some home repairs he doesen't remember and he thinks I took the money. am I protected or not?
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I'm not sure exactly what you're asking.

If you are asking if you will get into trouble for having home repairs done on his home using the POA then no, it is extremely unlikely that would happen. Many people who have given POAs to others do so because they are having memory problems and often forget what they have told the POA to do.

So long as you can prove the repairs were done via cancelled checks, receipts, or some other way then you should be fine.

However, this does show why you need to keep careful records of anything you have done using the POA or any money that is spent. Save all receipts, etc.

Customer: replied 2 years ago.
I am also self employed and have flexibility to care for him,also resulted in lost income on my end so I asked him to lend me some money to pay some bills but apparently one day he remembers and one day he does not. In addition he is telling neighbours same thing. I got investigated by APS and was clear. This is very stressful as I don't know if I can get in trouble over this. Please help
Customer: replied 2 years ago.
By the way I don't pay may self for my time even
though I spent with him at lease 4 hours 7 day a week.
Expert:  Dwayne B. replied 2 years ago.

You shouldn't be borrowing money from him while you are acting as his POA, it's not illegal but it always raises questions that can cause a lot of extra work for you and, as you've found out, investigations.

The best way to handle things is to keep your business and his business completely separate.

Another option is to file for a guardianship/conservatorship through the courts. That means you file reports with the judge periodically and the judge will sign off on them, that provides you with some additional protections.

Customer: replied 2 years ago.
Can you call me please?
Expert:  Dwayne B. replied 2 years ago.

Unfortunately, the experts n the Legal category can't make calls due to state bar rules, etc. The option is offered because in the other categories they can.