Sibling has POA for MOTHER POA Is withholding any and all medical info to include temp stay of mother at nursing home refused to add sibling to list of any med info DEMENTIA of Mother involved , more medical in future refuses to release DR name info nothing .
Sibling refuses POA request to take all property out of Mothers name to benefit POA MOTHERS Will clearly states her wishes POA refuses to give copy of WILL
POA is an ATTORNEY and the EXECUTOR
THIS IS CIVIL BUT IS ANY CRIMINAL WHERE AND WHAT do I do first
Estate Planning Attorney
What is not clear to me is what type of POA we are dealing with. Is this a POA for health care decisions only? If that is the case it would not extend to doing transfers of property. If it is a more complete power of attorney which has language giving the appointed attorney the power to transfer property, it would have to be a durable power of attorney to allow such actions when your mother is in a demented state. If it is not "durable" the power ceases once your mother is no longer competent.
For answers on how to deal with your sibling's actions under either form of power of attorney you need to contact a lawyer in Ohio. Different states have different statutory laws about the implementation and enforcement of powers of attorney. The will is not controlling until your mother dies so it really isn't relevant to any discussion as to property while your mother is alive. (If the property had been put into a living trust, then the terms of the living trust would control while your mother is still alive.)
Keep in mind that if your mother is or will receive benefits for long term nursing care under Medicaid, Medicaid will require her assets to be liquidated and used to pay for her care before she can receive the benefits. Any transfer of her assets prior to receiving the Medicaid benefits could be counted against her eligibility and might work against her receiving the care she needs.
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
Elder Law Attorney
Your inquiry is confusing, to say the very least. What I do understand is that you think the Attorney-in-Fact appointed under your mother's Power of Attorney is abusing his/her discretion and is not being forthcoming with information about your mother to you (her children). If this is the case, I highly suggest you contact an elder law attorney in your area to discuss your options at this time. If your mother is still has mentally capacity, she may be able to revoke the current Power of Attorney and execute a new one in favor of someone more responsive to the family. Again, my best suggestion is to contact an elder law attorney in your area for practical information regarding your mother's and family's situation.
The comment provided above is intended as general information and IS NOT LEGAL ADVICE. You should consult an attorney for advice regarding your individual situation. If your question concerns an Estate Planning, Elder Law, or Long Term Care Planning matter governed by the laws of the State of North Carolina, please contact me for personalized service. email@example.com (910) 762-1577.