Durable POA Powers
My sister holds a durable POA for my mother. My six siblings and I have VERY STRONG reason to believe she is exploiting mom's income. My mother is ''with it'' but my sister is pretty much holding her hostage in her home as her caretaker. We cannot visit mom alone, and some have to make appointments to see her, etc. The list of excuses my sister creates to keep us away goes on. I called Adult Protective Services. Unfortunately, I strongly believe my sister's friendship with the DA put a halt to the investigation. We can't seem to find an attorney in this town of 22K to help us. The AG's office was of little to no help. All we keep hearing is that the Durable POA gives her ultimate power. Is this true? She is now trying to sell mom's house against her wishes. My mother's monthly income MORE THAN covers her medical and caregiving expenses. There are so many questions and issues going on. My sister's attorney is my mother's attorney...seems like a conflict of interest?? Our funds are limited in seeking legal advice. Hope you can help push us in the right direction.
1 Answer from Attorneys
Re: Durable POA Powers
You should be able to find an attorney to prepare the guardianship petition for a reasonable down payment since the attorney's fee ultimately is awarded by the court and paid from mom's assets. A guardianship proceeding is probably your only option here. Yes the Durable POA and Health Care Proxy combined are very strong indications that your mom trusted your sister above you and your six siblings to manage her affairs. In part, the purpose of the Power of Attorney is to avoid a guardianship proceeding. Once the Petition is filed, the court will appoint a Court Evaluator with broad authority to look into all matters and leave no stone unturned to find out what is going on.
Good luck.
Rick Bryan
New York, NY
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