My sister is POA over our mother. Mom doesn't have her bank card, my sister does. She has to go to the bank to withdraw money all the time and she's 91 years old. I think that's awful. Also does my sister have the right to take money out and pay for life insurance under her name and say that someone's not going to be included in it whether their name is on there? Also our mother doesn't want her to be the POA, she wants her son to be cuz he lives with her and takes care of her. But she doesn't want to do that. She doesn't want to go to restaurant but my brother watches her. There was an incident that happened but he still watches her but my sister refuses to give up power of attorney and I think it's bad because she has to. She's going to go in the heat to the bank while she sits back and just wallops and laughs and s***. I don't get it. I'm just curious. I'm her daughter too but I have no hearsay to anything. I don't get involved but this really irks me. It's been bothering me.
The POA not only CAN, but should handle all banking for one no longer competent to do so. That is their responsibility. All charge cards and accounts should be removed from an INCOMPETENT principal and handled by the POA with complete files and accounting for every single penny in and every single penny out of the accounts. The POA is not responsible to discuss their duties and accountings with ANYONE but the principal who appointed them, and with the courts if a fraud case is filed against them.
That is a brief description of POA, who appoints them, and what their duties are. If the principal is no longer competent, that is to say suffering from dementia,then they cannot change their POA any longer. The matter would go then to guardianship if the POA is considered not functioning well by the court.
If you have concerns it may be worth 350.00 to get an hour of time from an elder law attorney to discuss all of this, and options in your case.
I don't understand fully what's happening in your own situation,but no reason I need to. Get competent advice by either googling POA and how they function, who appoints them, and about guardianship and how all that works. If you suspect fraud, get the opinion of an attorney. Sure do wish you good luck.
i have a couple if questions. Is your Mother able to ambulate safely? Why is she constantly going to the bank to take out cash?
I was my parents POA, Dad passed and now I am POA for my Mother. We had a lawyer involved to make sure all documents were in order. I take my job seriously and that means being accountable for any money spent on my Mothers behalf.
we don't deal with cash. I do sometimes deposit checks into my Mothers account which I am now on per instructions from the lawyer so her account doesn't go into probate upon her death. I have a debit card because I do all of my Moms purchases. I get her supplies, snacks from the grocery, flowers once a week. I assume your sister may have the card for the same reason. If Mom wants her card back she can get one for your sister.
Unless you have proof be very careful with this situation because you could get your sister in hot water.
i hope your sister is keeping track of everything spent on Mom and has full understanding of her fiduciary duties and other responsibilities as POA
There are two typed of Durable Power of Attorneys. One is immediate which means as soon as the Principle signs the paperwork it in effect. The other is Springing, which means the person has to be found incompetent by one or two drs to make it effective. You need to read Moms paperwork to see how her DPOA reads.
If Mom is competent, then sister should allow Mom to handle her own affairs. But, is Mom competent. If not she can't change the DPOA.
The answer to whether a FPOA can handle ALL BANKING ISSUES is yes, they can. They take their POA documents to the bank and are added to ALL accounts as POA. Then they can pay insurance or any other bills. They can invest the money in CDs if they like to earn money. They sign checks with the senior's name followed by their own name with an added "as POA" or as "POA in fact". They can handle ALL banking issues for a senior with any dementia.
If there is NO DEMENTIA in the 91 year old she can change her POA to another person. I hope against hope that would NOT BE YOU, as you have no understanding of POA nor of all the record keeping and files you would have to keep for each entity, whether insurance or rental or phone company or any other bills due. This is a LEGAL duty of Fiduciary Responsibliity and doing it WRONG can end you up in jail.
I suggest you look up Power of Attorney duties for your own state.
Also know that the POA should not/will not discuss financial things with you. That is a private matter. Your brother doesn't get POA because he lives with your Mother. The POA is given BY your mother to the person she CHOOSES when she is competent and has no dementia.