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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 33112
Experience:  30 years experience representing clients.
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My parents set up a POA in MD in 2013. My sister moved them

Customer Question

My parents set up a POA in MD in 2013. My sister moved them to Texas Jan.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: 2014. Withing 60 days she changer POA to Texas. Saying 1 that POA had to be in state. Is that true ?
JA: Has anything been filed or reported?
Customer: 2. She said my father fired the MD power of Atty in MD. That is not true.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My parents both died this year and now my sister says there is no money in a trust left for us. She is also claiming there is lien on the trust from a nursing home. Is that possible.? I think there are 3 questions.
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

1 that POA had to be in state. Is that true ?

No, a POA written in MD is valid in TX and vice versa. However, assuming they are legally competent, they may execute as many POAs as they want.

2. She said my father fired the MD power of Atty in MD. That is not true.

If they revoke the medical POA then it is revoked. Otherwise, it continues until revoked or the death of the principal.

3. She is also claiming there is lien on the trust from a nursing home. Is that possible.?

It really depends on the trust, but if it was a revocable trust then yes, the nursing home could have a valid claim on the trust.

Expert:  Loren replied 8 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 8 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 8 months ago.
My father did not fire the MD atty. I have spoken to the first POA. He said he was never fired.
Expert:  Loren replied 8 months ago.

Ok, but what if he did not? You can have multiple attorneys in fact.

Expert:  Loren replied 8 months ago.

If you believe your sister misappropriated assets you can open an estate in probate and demand, as the estate representative, that she produce an accounting of the assets she administered under her appointment as POA.