Dual Power of Attorney?
One of my divorced parents has alzheimer’s and a Will appointing my elder sibling medical proxy. This sibling has now advised me of their intent to obtain power of attorney over this parent’s estate, out of fears that my parent my be financially vulnerable, which has proven to be the case in a half-dozen incidents of which we are aware. (My sibling and I both live far from this parent, a compounding problem). My sibling has asked me NOT to ask for dual power buying drugs online without prescription of attorney. I think this is a bad idea. This sibling has powerful influences-relatives through marriage-who’ve proven themselves untrustworthy; having undue influence over my sibling in matters concerning my parent’s property and well-being. My worry is that they would influence my sibling for financial gain. My sibling assures me “I will be taken care of.” I trust my sibling, however, I am resolved that we should share power of attorney. How do I obtain dual power of attorney? And how do I do so without offending my sibling?
Tagged with: dual power of attorney • Elder Sibling • Fears • Marriage • Undue Influence
Filed under: Lawyer FAQ
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You either need to file jointly (which is going to offend) or trust her to do the right thing. There is no way to file seperate dual powers of atty
Doubtful you can get it. The one thing you can do is to ask for is a monthly statement of assets. Be advised, this is not binding on the POA holder but if they are stating that “everything is okay”, it shouldn’t be a problem. The POA holder should also be aware of charges of fraud should they get caught using the parents money for other than the parents welfare. It is NOT their account or money.
Actually, what you are referring to is a Durable Power of Attorney, not “dual.”
There can be only one person with the power of attorney. Two people are not charged with making decisions for another. The logical person is your sister who has the medical proxy. However, you may want to argue with her saying she has the medical, let you have the durable.
A complicating factor is that the power of attorney can only be granted by a person of sound mind. If your parent has a slight case of Alzheimer’s and goes in and out of reality, then you may be able to find a time when that parent understands and knowingly consents and signs the Power of Attorney.
However, if this is a problem, you will have to file for letters of guardianship in court and take it from there.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
Get a lawyer.
If the parent has Alzheimer’s, then it’s likely that he or she is no longer competent to award a Power of Attorney anyway. In addition, a POA grants the holder the right to act in the grantors stead, but it does NOT affect the grantors right to continue to handle their own matters as well. If you have a POA authorizing you to make payments on your parents behalf, that does NOT mean that he or she can’t go ahead and make a donation to the Church of Scientology in their own name.
If you think your parent is – or is becoming – incompetent to handle their own affairs then what you need is NOT a POA, it is a court order declaring him incompetent, and appointing either yourself or your sibling, or both, as guardians or conservators (whichever term your State uses)
Richard