my mom is in a nursing home my sister has poa an guardianship of her my older bro is head trustees on family trust that my dad set up...my moms care is still registerd under her name...bro switched ins to his name..car does not fall under the trust..it is personal property of my mom so poa is responsible for the car...older bro lets younger bro drive the car younger bro has no license an older bro knows this..my sister lives in n.h...we are in florida...how can we get the car off the road..my mom has alstheimers had been legally declared in court that she cannot handle her finances...she gave no permission for her car to be used...whatg can we do...sheriff says nothing can be done unless my younger bro is pulled over....any advice would be helpful please and thank you
Your first duty is to protect your parent, your second is to protect yourself & little brother is way down list if he is knowingly driving without licence - either he never got around to getting one or he lost it [DWI] but either way if you knowingly let him drive get on your knees & pray to any god who will hear you that he isn't in an accident - otherwise start seeing a lawyer to protect your own assets because you & mom could all lose EVERYTHING
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Power of Attorney
An important part of lifetime planning is the power of attorney. A power of attorney is accepted in all states, but the rules and requirements differ from state to state. A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf. The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.
The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the power of attorney be presented before your agent's authority to sign the title will be honored. Similarly, an agent who signs documents to buy or sell real property on your behalf must present the power of attorney to the title company. Similarly, the agent has to present the power of attorney to a broker or banker to effect the sale of securities or opening and closing bank accounts. However, your agent generally should not need to present the power of attorney when signing checks for you.