They don’t want me to have power of attorney and even though I have a letter from his doctor stating his diminished capability of making legal and financial decisions they refuse to accept the fact that I am making those decisions for him. Legally do I have to get their approval or can a decision be made in spite of it? I have tried to compromise but nothing I try to explain is accepted even after giving them hard evidence. I’m at my wits end and I am OK with them going off the deep end. According to his investment manager who has reviewed the document there are no limitations and backs me 100%. I just need to know what my legal obligations are if any relating to my siblings. Please help
Your dad made you POA not them - however just a word to the wise make a paper trail a mile wide & do not use anything but a paper statement to back up your documentation because you will pay big $$$ to get back copies so it is best to get the ones from any transactions in original print not Xerox/printer
If they still object have the lawyer send them a politely worded letter that basically says you are in charge & they are to 'shut up' - you may have him/her include a bit about 'while you will appreciate input however once a decision is made then that's it & don't continue bothering you' & again in polite wording but with a stern overtone
It would seem your dad picked well as you seem to be the one with some heart & don't let them wear you down - good luck
The first is that the POA is doing all the work with the best of intentions, the siblings refuse to help, they want to avoid any sort of paid care that will diminish their own inheritance, and that they have been and continue to be very unpleasant in a dysfunctional family.
The second scenario is that the POA is acting as a mini-tyrant totally in charge of the parents, providing no information to siblings, making decisions that don’t seem in the interests of the parents, and causing real worries about financial misappropriation.
It’s not possible for us to know which scenario is correct, or whether there are bits of both going on. For the short and long term sake of every body involved, irrespective of ‘rights’, it would be far better if you could calm down and work out what you can share and explain. Yes you have the POA, but your siblings are also your father’s children and are just as likely to care about what is happening to him. You might feel the same as them if your father had happened to make one of them his POA instead of you, for example if you were on the other side of the country when the document was prepared.
The benefits of co-operation to you are less likelihood of legal problems, certainly less likelihood that litigation would go against you, and better relations long term within the family. Think about it.
As Durable Power of Attorney (DPOA), your only LEGAL obligation is to act ON BEHALF OF your father with HIS best interests at heart.
A MEDICAL DPOA, (assigned when the person is of sound mind), states HIS wishes and instructions as to his ongoing medical care, ie, make heroic efforts to continue his life or do not resuscitate (DNR), etc. YOU may not have any real DECISIONS to make here, as HIS instructions for his care are normally all spelled out on the document.
A FINANCIAL DPOA is a completely separate assignment (also assigned when the person is of sound mind). This means you must RESPONSIBLY use HIS assets for HIS care and expenses related to his care. For example, pay HIS mortgage/rent and utilities from HIS assets. You can RESPONSIBLY sell his assets, (including vehicles and homes), as needed, to pay his for his ongoing care and expenses, etc.
Upon his death, ALL POAs and DPOAs IMMEDIATELY expire.
If there is a will, once the will is filed with the court, (and after a period of time for objections), the court will send out a Letters Testamentary to the Executor/Personal Representative mentioned in the will who then take over the administration of the estate.
Depending on the value of the estate, sometimes all decisions are court supervised, sometimes not (Note: Siblings can typically sign off to waive court appointed supervision in order to save court costs).
Any JOINT assets held, bank accounts, stocks, bonds, certificates of deposit (CD's), etc. IMMEDIATELY go to the joint account holder and are NOT part of the estate. Consider that money gone.
Life insurance claims can be redeemed ONLY by the named beneficiaries (with a certified copy of the death certificate). These funds are NOT part of the estate.
ALL accounts in HIS NAME ONLY will be FROZEN upon his death. Only with a death certificate and court appointed letters testamentary (which can take months to receive), can the Executor then transact any estate business, such as closing bank accounts in his name only, cancelling utilities, opening an ESTATE checking account, etc.
Pay bills with estate funds ONLY!! You do NOT, and SHOULD not, pay ANY bills with your personal money. Estste bills, including mortgages, utilities, e.t.c., WILL go unpaid, sometimes for MONTHS that is COMPLETELY normal with estates. Creditors know and are used to this.
If there is NO will, then ANY assets not held JOINTLY must go through Probate Court for ALL the decisions to be made.
In Missouri, even WITH a will, an estate goes through Probate Court and my narcissistic siblings did whatever they could to make the process more difficult, but I just did MY job as DPOA (Med & Fin) and eventual Executor to the estate. I have NO regrets! Though, I DO have less siblings in my life now, and I'm COMPLETELY okay with that!!! I found out that they are not the kind of people I choose to have in my life anyway. Good riddance. Blood is NOT always thicker than water.
You do what's right for your father. FORGET the siblings if they are just trying to cause you problems. You can't always please everyone, so do what's best for your FATHER, what HE would have done if HE were able to. Your siblings are likely just jealous and possibly greedy.
Best of luck to you in the coming years.
Keep asking questions here, because there's ALWAYS someone on here that has been through EXACTLY the situation you're finding yourself in at the time. <3
Financial information is generally treated in confidence. You can't go blabbing every detail to someone only because it would be nice or courteous to make him or her feel included.
it sounds like you’ve figured out that you don’t owe your siblings squat but I do wonder how your dad is holding up under all that noise from the siblings that sounds bordering on abuse?!
it may or may not be good for him to be near them.
I do hope things settle down for his sake as well as yours.
I dealt with a situation in my family as enduring POA for both my parents. A grand daughter who hadn't been on the scene for decades suddenly showed up a couple of years ago, as my mother was dying. One of her cousins said to me "why has she suddenly turned up? poking her nose in, why now?" Good question huh. She was quite threatening toward me, stating, among other things, that she had "concerns about transparency". My approach in dealing with her was to ask her if my father, her grandfather, had EVER discussed his financial dealings/decisions/situation with her in the past. Well, no. He is a very private man who did not discuss his finances with ANY family members - just his bank manager, accountant and his lawyer. So that is what I am doing too, on HIS behalf. Not HERS. That seemed to shut her up.
I would speak to the lawyer who drew up these documents. If you didn’t have a lawyer, I would speak to one now to clarify what you have.
Any hospital, nursing home, senior center can advise you on this, but I would settle it with a lawyer.
I would speak to the lawyer who drew up these documents. If you didn’t have a lawyer, I would speak to one now to clarify what you have.
Any hospital, nursing home, senior center can advise you on this, but I would settle it by speaking to a lawyer.
While taking care of Mom, I found that keeping my siblings informed on developments directly involving her care was a good thing. This is not always true for every family. However, it was after Mother passed that I got flack from the brothers (actually only the youngest one). Once Mother passed I also had legal responsibility to take care of the "trust/estate".
What happened is not as important as the fact that "legally" you do not owe them explanations, information, etc. The DPOA gives you all the power. Just "inform" them to what you see important on your fathers welfare. ie., health, living arrangements, nothing else is appropriate under a DPOA.'
Good luck, as this is not easy. Remember at all times to take care of yourself in this process. As this is a process. Keep good records of everything you do, and share what you feel they need to know. Do not take personally anything else.