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If you both have the exact same powers then you are going to need to be able to come to some sort of agreement. I believe other than that it would need to be heard by an arbitrator or judge. One has no more power than the other. Hopefully you will discuss various scenarios prior to the need and decide ahead of time what the plan of action will be. Keeping the lines of communication open will be very helpful. If your mother is still of sound mind, you might want to consider each of you being responsible for certain "domains". That way you can both participate, but not have to battle one another.
Try to come to a meeting of the minds when both of you have equal POA's. Are you both the beneficiaries as well? Equal beneficiaries? There can only be one executor or personal representative. As you know POA s expire with the death of the donor.
That Bobbi may have point about shared " Domains"/ However, I would try to engage your mother in the decision making process before it's too late. Your'e bound to run into trouble with the big issues such as when / if to sell the house. Money is always an issue after someone dies.
Another option, is to (if your sister is competent and you have confidence in her) is to just step back and let her take the reigns if she wants them. I have learned that when it comes to family, unless some harm will be done, to go the path of least resistance. Family squabbles are never pretty so it is sometimes better to just give up that control.
My brother-in-law and I both have POA, although all three sons are on their mothers bank accounts. As long as he and I are putting his mom's welfare first and not doing what we personally want, then there has been no disagreement. If it ever came to that though, I would want the other two brothers to weigh in and make the decision. Seems logical to me.
If you want a "professional" sort of 3-rd party, contact your local area agency on aging to see if they have someone who volunteers to help elders when they become confused. Though it's not the same situation, they will have experience and understand the ramifications of all decisions. An elder attorney might also be able to hook you up with a an arbitrator or mediator who can help make decisions. Be sure to find someone who listens to both sides, to your doctors, your attorney, etc and then makes a decision. Also be sure s/he meets all state criteria. Too often I hear of mediators that are buddies with attorneys getting the job to "keep the $$ in their friendly circle...,, ;(
It might help to tell your sister - provided you DO feel this way - that you fear disagreement and that you want to ensure your relationship outlives your mom and settling her estate. Perhaps a heartfelt plea to get along will make her realize that you should let someone else make decisions when conflict comes up.
know what you mean- i and my bro are poa - my other brother never moved out of moms home- he is 47 - she just moved in with me 5 months ago- said he was grumpy- putting it mildly- anyway the home is in the bay area- my other brother who has poa - moved out of state- he wants to kick brother out of moms house- i dont thnk my mom would like that - you never can agree - it is unfortunate
I have POA for my mother along with another brother and sister. Since Mom is living with me, I take care of her monthly finances, my sister does her yearly taxes and goes to mom's doctors appointments with me. My brother lives a few hours away in the town Mom lived in before her stroke, he worked with the realtor in selling Mom's home. We all discussed and agreed on how to invest the money from the sale of her house. Although I'm making all the daily decisions regarding Mom's care I send out emails to all my siblings (there are 7 of us) updating them on how she's doing, getting their input on questions I have. They have all been very supportive, mainly because they don't want my job.
So keep communicating with your sister, do a what if scenario about the things that you are worried about. if your mother has a living will make sure both of you know what her wish are. When you are both looking at the situation as what is best for Mom, I think you'll agree or come to a compromise. Good Luck!
I am very surprised that the Attorney who set up the Living Trust and POA papers allowed this to pass through without some discussion about the pitfalls of having co-equal decision makers. Is there also a Living Will for Health Care? If so, are you both POA for life sustaining issues? It is common practice to have a back-up POA named in case the primary is not available when needed. Having two people who generally disagree with each other tends to make a bad situation worse and usually at the worst possible time. And that is the very situation that these Legal Tools are supposed to help us avoid. Bing "both equal beneficiaries in the trust and both executors of the Will" is not a problem if your mom's Will specifies how you are to divide up the estate. The Living Trust is meant to keep the estate out of the probate tax loop. In effect you are now co-owners of the home and other named property with your mom. When she passes on, then you two can decide on your own what to do with the home. If your sister wants to sell but you want to keep the home, you can buy her share and you both get get what you want. However, the dual POA role is more complicated. If your mom becomes incapacitated and requires Assisted Living or a Nursing Home, you and your sister would have to decide how to pay for it. If your solution is to sell or mortgage your mom's home and she refuses then there is no clear deed to the home so it cannot be sold or mortgaged and your mom is left without care
Ez; Exactly my point. I'm trying to avoid all the scenarios you've presented. When it comes to Mom's health directive, we are all on the same page. When it comes to the property etc, there could be problems.
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:
A.
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.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
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.
F.
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.
There can only be one executor or personal representative. As you know POA s expire with the death of the donor.
Been there/done that.
It might help to tell your sister - provided you DO feel this way - that you fear disagreement and that you want to ensure your relationship outlives your mom and settling her estate. Perhaps a heartfelt plea to get along will make her realize that you should let someone else make decisions when conflict comes up.
So keep communicating with your sister, do a what if scenario about the things that you are worried about. if your mother has a living will make sure both of you know what her wish are. When you are both looking at the situation as what is best for Mom, I think you'll agree or come to a compromise. Good Luck!
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