POA rights

Asked about 6 years ago - Wapakoneta, OH

I have POA for my Mother, I have been taking care of her for the last nine years with no help. My brother just took her out of the Assisted Living home I had her in and wants me to turn over her Bank account to him. What can I do?

Attorney answers (1)

  1. Elizabeth Smith Schmitz

    Contributor Level 14


    Lawyer agrees

    Answered . If you have a financial power of attorney for your mother you have a duty to act in your mother's best interest with her financial assets. If your mother is not competent and she had appointed you as her power of attorney then it could be a violation of your duty under the power of attorney to hand the bank account over to your brother.

    I would suggest talking to an attorney as soon as possible to see what is the best course of action for your mother. You might want to pursue a guardianship which would allow you to make decisions for your mother's care.

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