My step dad is currently in hospice care at my mom and his home and she is taking care of him.My step sister has claimed that she has power of attorney signed to her five years ago by my step dad. Does she have actual power of attorney with my mother still a lot can anybody answer that for me.
Let me ask you this. If your father had died first, do you think that his wife should leave everything to her daughters and leave you out?
No one can "swoop in and take" POA and health proxy. That must be given by the principle. Your father chose to do that.
If the motive for taking care of your dad is to get his assets that is deplorable. How do you know that is the motive?
Do you mean does she have authority to act on your dad's behalf as stated in HIS POA even though your mother is still alive? I think the answer to that is Yes. POA authority is limited. To find out what it authorizes, read the document.
Do you mean does she have authority to make decisions for you mother? Only if mother gave her that authority in a POA document.
Generally, anyone can name any adult they want as POA. It doesn't even have to be family.
If he's the sole signatory, he cannot make that decision for your mother. If the POA was made by both of them and the stepdaughter was appointed, then she does have authority (but only as expressed in the POA) to act on behalf of your mother.
You'll really need to see a conformed copy (duplicate executed copy) to see who executed the POA and on whose behalf your stepsister serves.
So basically, if she wasn't named to serve for your mother, she can't, just by virtue of the fact that she might have been named to serve for your father.
The best thing to do is have your mother see an attorney and execute her own POA.
I'm guessing that the above is the situation......well he can change his DPOA and make it your mom, his wife as his DPOA.
Is he competent & cognitive enough to do this?
Would he have the backbone to do this?
If not, are there other issues regarding their finances, property, assets as well as health care decisions looming?
If so, mom needs to speak with an atty on her own to do whatever to safeguard her situation within the marriage. Mom may need to do this quietly as it may incurr hostility with stepdaughter. I'd suggest she get a NAELA elder law atty as this is going to get complex.
Out of curiosity, is this a long existing marriage or more current?. Is there $ & property involved? Or is stepdaughter just all about control?