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twin2 twin2 is offline
 
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Power of attorney
Old 07-20-2019, 01:27 PM
  #1

We finally got my father in law to agree to give my husband power of attorney, to rent him an apartment, pay his bills and feed him. He gets a social security check and a retirement check. We know we can go to the bank and they will give us a form to set this up with them with his bank account.

My question is can he open a new bank account and have the checks moved to that account so that we can no longer have control when he is tired of the arrangement?

The man is homeless and living in his car. He had an apartment a year ago, met a homeless woman (con) and she's turned him against the family. They used the family, directly affecting 16 family members, who have been torn up by the situation, gave money and provided temporary housing. My husband and I gave him a room, free of charge and said we'd feed him. He could have his checks for spending money. We wouldn't let her stay, so he left to be with her. Not to be ignorant but given his health, it can't possibly be about sex. He lost his wife three years ago so he is lonely. It seems as though she takes her money. We've got to get control over things then this woman might disappear.

I know the laws vary by state, but I appreciate any advice you all can give. Thank you.


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Old 07-20-2019, 01:54 PM
  #2

I would find an eldercare attorney in your area. If there isn't one that specialized, an estate attorney would work as well.

Good luck to you and your DH.
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Poa
Old 07-20-2019, 01:56 PM
  #3

I think the only way to do it is to become his conservator.
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Old 07-20-2019, 03:51 PM
  #4

Quote:
...can he open a new bank account and have the checks moved to that account so that we can no longer have control when he is tired of the arrangement?
I did a power of attorney last year. In my state, I could choose between two types. One type would go into effect immediately, and the other needed two doctors to agree it was needed. In my state, the immediate effect one was revocable.

I'm not a lawyer, and do not play one on PT, but my guess is yes he could. Unless a person has been deemed in need of a conservator or guardian by a court, that person is presumed legally competent and can open and close bank accounts, choose where to deposit checks, and where to live (even if it is in a car). The process of being named guardian varies by state (and is easier in some states than others).

I realize that loneliness plays a part, but if this behavior is different from his behavior over the years, is there a possibility that he is beginning dementia? People beginning dementia may stay away from family and people they have known for a long time in an effort to hide their decline.

The advice to see an elder care lawyer is a good one. Many will do a free consultation. You really need to know your legal options.

Whether it is your parent or your child, it is very hard to see that person do things that are harmful to them. I hope he agrees and things resolve easily.
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As I understand it
Old 07-20-2019, 04:56 PM
  #5

Durable Power of Attorney can be revoked by the person at anytime. If you have concerns about his ability to take care of himself, you would need to go to court to prove that he is not capable of managing his affairs, and have yourselves declared his guardians. He is likely to fight that.


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Old 07-20-2019, 07:34 PM
  #6

Thank you all. This has been a long year and we need some solutions to this matter. The stress of worrying and him constantly looking for help is wearing us down.

We have considered the possibility of dementia but the one time he agreed to a doctor visit he snook out and was hours away before he answered the phone. Nobody told him the reason for the doctor appointment so he must have figured it out.
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