How can I get power of attorney without going to court? I've been paying her bills on her house and I'm running out of money. She has been living with my husband and myself for 6 months now. My mom is stubborn and won't agree to anything I say. She is under Hospice care now and really can't think for herself now. My brother (70) and sister (59) don't help me at all. I'm at my wits end now. I need suggestions please. Thank you so very much.
Your brother may not want to take care of your mother, but that doesn't mean that he can ignore everything that's going on.
Facts are facts. Living costs money. Your mother's living costs still have to be paid. Get your siblings together if you can to discuss how they are to be paid. And if no one has already said this, document absolutely everything that you spend on your mother's behalf and on caring for her - keep all receipts and bank statements and do your best to keep the expenses clear and separate.
Does anyone have access to your mother's bank accounts at all? If not, you'll need advice on what to do about it - Pam?
and let them guide you on what to do. This will of course not be free (although some EC atty's offer a free one- time consultation) but in your situation it could be worth every penny.
We have power of attorney, but that's all.
The bank said 2 signatures would counter over each other and that they couldnt be liable if we couldnt agree.
That was the whole reason for us getting 2 signatures...to watch out for one another.
Is it that you and the other person disagree about what is the right thing to do for your mother?
So that said. Joint POA - that means that one POA cannot act alone and HAS to act WITH the other POA for all transactions two signatures (or more if there are more than two POAS) on absolutely everything. It is a royal pain in the arse and practically doesn't function because if any one of the POAS should die or go abroad or become senile then the document is invalid.
Then there is joint and several. This means that at POA can act once they are registered with the courts but they can act independently. I imagine this is the you have and that is what is causing the problem. POAS are responsible for acting in the clients best interests AT ALL TIMES and can be called upon to prove that they have done so. However the bank sees it differently - why don't you both go into the bank together to get this sorted and ask their advice as to what they actually want. If nothing else you would know where the issue really lies.