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Her mental decline couldn't be all that bad if she managed to navigate the nightmare that is buying a car from a dealer, with a trade-in. The dealership certainly didn't seem to have a problem dealing with her.
It's her money. She can spend it any way she wants to.
Is your sister adjudged incompetent by the courts? That is to say do you manage ALL HER FINANCIAL assets at this time? If she suffers from such severe dementia she cannot act in her own behalf by her own choice would this be crystal clear as she dealt with a dealship about a car? That is to say is it clear she is suffering from severe dementia?
If your sister is not incompetent, and if your sister still manages her own financial affairs, then she has an absolute right to buy herself any car she wishes to buy.
You put this in an interesting way. You said "I have POA OVER my sister". No one has POA OVER someone else. They are GIVEN POA by the person conferring it by request upon them. That person, who gave you POA, still has, while in control of mental faculties, every right to do exactly as she wishes with her own funds.
Profile states sister is "62 years old, living at home with age-related decline, anxiety, arthritis, and depression". Nothing indicating loss of financial decision making.
You don't have POA "over" someone, it's an authority given to you by the person who chose you to act for them as needed. With some POAs that may mean they must be proven incompetent to act for themselves, but in others it allows you to act in concert with the grantor (for instance I was able to take care of my mom's finances decades before she succumbed to dementia and ill health). Unless they have legally been declared incompetent it never gives you the authority to override a persons own choices, even if they are bad choices.
Your profile says your sister is only 62 years old, with age-related decline. At some point she assigned you as her PoA. What does the document say as to when your authority is active? Often it requires 1 or 2 medical diagnosis of cognitive impairment/incapacity. If this is the criteria, and the medical proof has not happened, then your authority is not yet active. Therefore, she can do what she wants.
Does she have ALZ? She's too young for other types of age-related dementia.
There are two types of Financial POAs. The most used is a "Springing" POA. This is not effective until the principle is found incompetent to make informed decisions by one or more doctors. The other is "immediate" which means is effective as soon as the principle signs it. But IMO, that still does not mean the assigned person is "in charge" if the principle is still of sound mind. It kind of bypasses the doctor thing. My Mom was in her 80s when we did her POAs and the lawyer made her financial immediate. I have immediate for my nephew only because he felt he needed some overseeing in the financial part. Both Medical POAs need a doctor to say they are incompetent. I did not take over my Moms financials until she showed signs of no longer to be able to do them. She made her decisions until she couldn't.
POA is a tool. A tool for you to be able to step in when your sister can no longer do for herself. So as suggested, you need to read the POA and see if its in effect. I would be very surprised if a 60yr old made her POA "immediate".
Your profile states she has "age related decline" This is a pretty vague statement. Has she been declared incompetent? Does she have a diagnosis of dementia or cognitive impairment? "Age related decline" can mean anything from arthritis, vision problems, cognitive impairment and on and on.
As well as the questions asked by others I will add this one. Is your POA a Financial POA? I have POA for Health and I have someone different for Financial. If your POA is in effect you could bring paperwork into the dealer and tell them that the contract is void as she is not competent to enter into a legal, binding contract. (I hope that they have not sold or otherwise gotten rid of her car.)
But to play the devils advocate here... Your sister is driving. Your sister was able to locate the title to the car. Did she put any additional money down on the car? If so check or credit / debit card? Or cash? If she put money down on the car how or where did she get it? If she is not competent I doubt that she should be driving, I have a hard time she would easily find the title to her car.
It is worth talking to the dealer first, the lawyer second.
”Power of Attorney” is something granted to another person, to act when and if the grantor is unable to handle h/h personal/financial affairs.
Unless your sister has demonstrated indications that she’s unable to make reasonable decisions and take care of her own finances, your POA may likely not be “active”.
If she’s able to safely operate a car, she may be able to purchase one without your input.
Read your sister’s POA document carefully, and if you find anything you don’t understand, contact the (lawyer?) or other person, who drafted it.
And I'll add that if you have an active POA, take it, the paperwork that says she's not competent, and the car down to the dealer and share with them that they signed a contract with a person who is not competent to do so.
With any luck, they will not have sold her old car and you can get it back ehen you return the new one. Then sell it.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
It's her money. She can spend it any way she wants to.
If your sister is not incompetent, and if your sister still manages her own financial affairs, then she has an absolute right to buy herself any car she wishes to buy.
You put this in an interesting way. You said "I have POA OVER my sister". No one has POA OVER someone else. They are GIVEN POA by the person conferring it by request upon them. That person, who gave you POA, still has, while in control of mental faculties, every right to do exactly as she wishes with her own funds.
What am I missing?
I have several POA's from people who are of sound mind, they do whatever they please.
Does she have ALZ? She's too young for other types of age-related dementia.
POA is a tool. A tool for you to be able to step in when your sister can no longer do for herself. So as suggested, you need to read the POA and see if its in effect. I would be very surprised if a 60yr old made her POA "immediate".
This is a pretty vague statement.
Has she been declared incompetent?
Does she have a diagnosis of dementia or cognitive impairment?
"Age related decline" can mean anything from arthritis, vision problems, cognitive impairment and on and on.
As well as the questions asked by others I will add this one.
Is your POA a Financial POA?
I have POA for Health and I have someone different for Financial.
If your POA is in effect you could bring paperwork into the dealer and tell them that the contract is void as she is not competent to enter into a legal, binding contract.
(I hope that they have not sold or otherwise gotten rid of her car.)
But to play the devils advocate here...
Your sister is driving.
Your sister was able to locate the title to the car.
Did she put any additional money down on the car? If so check or credit / debit card? Or cash?
If she put money down on the car how or where did she get it?
If she is not competent I doubt that she should be driving, I have a hard time she would easily find the title to her car.
It is worth talking to the dealer first, the lawyer second.
Unless your sister has demonstrated indications that she’s unable to make reasonable decisions and take care of her own finances, your POA may likely not be “active”.
If she’s able to safely operate a car, she may be able to purchase one without your input.
Read your sister’s POA document carefully, and if you find anything you don’t understand, contact the (lawyer?) or other person, who drafted it.
With any luck, they will not have sold her old car and you can get it back ehen you return the new one. Then sell it.
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