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My dad has this girl who is not biologically his child. He signed the birth certificate so she can get a disability check. She has POA over him. He and my mom have a home that my mom still lives in. We are concerned that she is trying to take ownership of the house after our father passed away. Will she own the house with our mother when he passes away?

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POA doesn’t entitle anyone to anything, it simply gives someone designated the power to make decisions for the person who assigns them for a time when they cannot soundly make decisions for themselves. Inheriting a home is a matter addressed in a will
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Has he put this girl, who clearly he considers as a daughter, on the deed of the home? A deed is recorded, so you can check this. Her POA was conferred upon her by your father. Is your Father estranged from you? Do you suspect this girl of elder abuse? Are your parents competent in their own decisions?
This girl's POA ends with your Father's death. I think it unlikely that she can "legally" add herself to any deed. If she is executor of your father's will, or Trustee of his trust, as well as his POA she will have only the power to distribute the estate as she has been directed to do upon the death of your father.
I would seek the advice of an elder law or trust and estate attorney. Sounds as tho this would be 400.00 well spent. Make it clear you have only a few questions, and need an hour of time. Good luck.
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Your profile states: "Our parents are still alive. My father is now living in a different state from our mother."

Are your parents actually divorced?

"He signed the birth certificate so she can get a disability check."

Did he do this when she was born? Or later in her life? I don't know what this means or what it has to do with the PoA issue.
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Cyntiann Jan 2023
No, they are not divorced. They both are in their 70s and she can't take care of him. Plus they do not get along. So he moved to Memphis to be with his family there and will possibly be moving to Florida where the girl lives.

He signed it when she was born. I was asking if her having the power of attorney will entitle her to his half of my mother's house.
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What was your mother being asked to sign?

Whose name is on the mortgage?

How is the house titled?

How does your dad putting his name on her birth certificate get her disability payments?
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JoAnn29 Jan 2023
Whose name is on the Mortgage does not mean anything its who is in the deed. I also wondered how Dad signing a birth certificate has anything to do with her getting disability. I would think she would have needed to be born with a disability at birth for him to be involved. Like my nephew, he gets disability based on his Moms earnings because other than Ark, he has never worked because his disability is from birth.
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Attorneys don't inherit your stuff when you get an attorney, so someone with POA also doesn't inherit anything. Inheritance is in the will. The moment someone steps off of this ride the POA is over, and business shifts to the executor of the will
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Power of attorney ends at death. She has no power to do anything after he dies.

If the title to the house is held by your parents as joint tenants with right of survivorship (JTWROS), then the entire house becomes your mother's when Dad dies. Very few married couples wouldn't title their house this way, so I seriously doubt there's a way this woman could take the house.

Even if she's his POA, she isn't your mom's, correct? She can't even sell the house without Mom's consent.
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Cyntiann Jan 2023
No, she is not my mom's daughter. I never heard about survivorship. I'll ask my mom to check with the mortgage company about that. That's how it should be. It should be totally hers after he dies. My mom and stepdad had the house built. She remarried him and his name replaced my stepdad's.
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Being POA does not entitle her to half the house. This question ranks right up there with the most confusing ever asked. All anyone can do is guess the meaning of your question. See an elder law attorney in the state where the home is.

It may very well come down to what the divorce settlement was.

Ahh, now I see this "girl" is actually his daughter?
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No.
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POA does not entitle anyone to get assets. It is a fiduciary responsibility and governed by state laws.

There are laws that prohibit a POA from changing any assets into their own name, no self enrichment is allowed, if she is doing this, like putting herself on the deed, your mom would need to file charges since it is her house in danger.

I would recommend that you put a fraud lock on all of her credit, notify the mortgage company as well. Nothing needs to be signed for them to pay the mortgage, they don't care who pays, as long as it's paid.

Something is obviously up, please be proactive about protecting mom.
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The full POA doesn't entitle her to anythiing but she can sure "groom" your father into leaving or signing everything over to her. Consult an attorney.








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