Co-POA, Co-executor, family member abandoned in assisted living

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dnbe

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My jurisdiction is: PA

Need help. Contacted numberous lawyers. Different answers. Long story short. I am a co-POA living in a state not close to a family member that was abandoned in a facility. The POA responsible for doing this abandoned the family member there. The facility takes NO responsibility for allowing this to happen. I was UNINFORMED of the decision, as the family member's house was to be sold do to limited funds available to pay for a facility. The co-POA spent most of the liquid assets. The family member was informed of this, as was the attorney that drew up the POA/will for this person. The family member refused to change the POA and I am trying to pay bills for this person from another state, not close by. These irresponsibilities were brought to the attention of certain people, including the attorney that drew up the papers. It is my opinion that the lawyer only deals with the co-POA living in the state simply because they are close, but abandoned the family in the facility. The co-POA told the lawyer and manager of the facility I was responsible for paying the bills. I was never informed of this decision, nor did I ever sign paperwork for the facility. They have the guarantor/responsible party down as the other POA. But refuse to make her pay and expect me to pay. Even the attorney that drew up the papers buy's this story and tells me to pay. Now, I have received a bill and letter in mail they want me to sign to be responsible for the family member in the facility. I am unable to access limited funds to pay an accumulating bill because I am out-of-state and the family member cannot sign the documents. The attorney stated to me in the past the family memer is INCAPACITATED but there is NO medical document to say so. I took this person to another attorney when I last visited and the lawyer stated my mother is NOT INCAPACITATED if she knows who her children are and what her name is. I tried to get this person to change POA b/c of the money spent by the POA for their benefit and left the family member with nothing liquid. The new lawyer said the Will would be problematic in the future b/c we were co-executors. I explained NOTHING as far as the WILL would change just I would be sole POA and Executor. This person would not do it b/c they feel the other person would be HURT by this. I would like to bring this person to my state to live but want the family member to change the POA first and the executor in the will, with another lawyer as I do not trust the current one for various reasons. I am afraid if I bring this person to my state with NO CHANGE, they can access the money and take it if the house sells. I would then have no money to care for this person and most likely would be blamed for the missing money. I have proof of the bills I have paid. This person has forged several checks in the past and had the family member write checks to CASH often. Can I make these changes? Will it be challenged in court b/c this person is VERY vengeful. PLEASE HELP. I NEED MORE ADVICE. I need to do this before all money is gone! There isn't much left and I need to find a place for this family member to live. I am afraid if the house sells and the family member signs for the sale, that it will be challenged in court by this greedy POA.

Thank you for your time and consideration.
 
First do not sign any paperwork that you will be responsible for the bills. If the person has capacity and refuses to change, there is little that you can do. You could go to court and get guardianship but without their cooperation that would be futlile. Unfortunately, you cannot save someone that does not want to be saved. It is their money and they can give it away if she wishes.

You can report the situation to the state and they will see if there is a case for elder abuse but I doubt it from what you have said.
 
This matter has been reported. I was still informed by attorneys I've contacted for advice to liquidate a few funds and pay the bill. The agency I contacted about this family member also told me to change things (like bank info and investments) to my address and pay the bill. This is the ONLY way I can access funds to pay the accumulating bills. Some things, I am not even allowed to do anything with because the family member has to physically go to a notary and she has no one to take her accept me. And I'm not there. So much for POA.

Certain things have been changed because I felt threatened to do so or else! Now, I am getting worried because of all of this. The pharmacy threatened to stop the family members med's if bill was not paid last time. So, I had to pay it. They pharmacy contacted me! I am supposed to receive COPIES of bills that are going to the responsible party for the Asst. Living (irresponsible POA) and it's as though they are sending me the bill instead and sending that person a copy. It doesn't say copy on it!

No one wants to give me info unless I change the address officially and sign papers. Same goes with the assisted living. I questioned the manager of the facility about the responsible party when I first found out about this arrangement. He was unconcerned and has NEVER furnished me with pertinent documents with the guarantors signature. In fact, the one document I have seen with NO signature on it that said guarantor/responsible party had the name and city of the guarantor/responsible party mispelled on it.

The agency I spoke with thinks this is IRRELEVANT! I DON'T.

Thanks for your timely response and consideration.
 
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