Currently have Limited Durable POA but...

[cornfuzzed]

Jurisdiction

Georgia

I currently have a Limited Power of Attorney (created in 2011) for my 86-Y-O legally blind mother, who I have been the sole caregiver for full-time over the past 3 years. I am also joint-owner of her condo, all bank accounts and car. She has one piece of rental property that is not jointly titled with me. Within the past three months she and I have had major disagreements and she has decided that she no longer "belongs" to me and I have "wronged" her. It appears that she may have a mental disorder (bi-polar and narcissistic personality disorder along with possible chemo-brain from treatment for breast cancer two years ago). No amount of apologies have helped and she is pushing me away. She stopped talking to my siblings over 20 years ago because she couldn't control them. Before dad died in 2013 he was always to blame for everything wrong in her life. I'm the last one standing and now she's trying to push me away too for a perceived slight.

My question is this: The Limited POA says she must notify me in writing to revoke it. I am relatively confident she is planning to contact a particular lawyer to change her will. Should I proactively contact that lawyer and let them know I have the POA and tell them I question mom's competence or wait and see what is going on? I worry that she is going to turn her finances over to a stranger who may completely drain her finances and she'll be broke before she's dead.

 

[adjusterjack]

It appears that she may have a mental disorder (bi-polar and narcissistic personality disorder along with possible chemo-brain from treatment for breast cancer two years ago).

You know that for a fact, doctor?

The Limited POA says she must notify me in writing to revoke it.

OK.

I am relatively confident she is planning to contact a particular lawyer to change her will. Should I proactively contact that lawyer and let them know I have the POA and tell them I question mom's competence

If the reason that you are sure that she will contact "that" lawyer is because she already has some sort of lawyer/client relationship, or even an acquaintance, that lawyer is unlikely to give you the time of day without talking to her first which would put the kibosh on any end run you want to do.

I worry that she is going to turn her finances over to a stranger who may completely drain her finances and she'll be broke before she's dead.

Which means that you won't get any. Gee, sorry about that.

Anyway, if you believe that she is no longer competent to handle her own affairs your can hire your own lawyer and seek conservatorship through the court.

 

[army judge]

My question is this: The Limited POA says she must notify me in writing to revoke it. I am relatively confident she is planning to contact a particular lawyer to change her will. Should I proactively contact that lawyer and let them know I have the POA and tell them I question mom's competence or wait and see what is going on? I worry that she is going to turn her finances over to a stranger who may completely drain her finances and she'll be broke before she's dead.

You probably possess what the law in Georgia calls a "general power of attorney".

The holder of any such POA acts solely at the direction of the person who granted the POA.

The POA grants you no legal or lawful ability to make any decision on your own.

Until the grantor directs YOU specifically, you are NOT to do anything for the grantor.

What Does A General Power of Attorney Allow the Holder to Do for the Other Party?

A general power of attorney is a document that gives you the power to act on behalf of another party in most general matters.

This POA has wide powers to manage property, attend to financial matters while someone is alive.

This is an important point.

A power of attorney is only effective while a person is alive.

These powers granted under a general power of attorney typically include:

>> Handling banking transactions
>> Entering safety deposit boxes
>> Handling transactions involving U.S. securities
>> Buying and selling property
>> Purchasing life insurance
>> Settling claims
>> Entering into contracts
>> Exercising stock rights
>> Buying, managing or selling real estate
>> Filing tax returns
>> Handling matters related to government benefits


The SPECIFIC powers are listed in general terms.

A POA holder possesses a general power of attorney.

Very frequently certain entities they will require a specific power of attorney executed for the sole purpose of dealing with that person or institution.

================================================================

If you believe your mother is incompetent to transact her affairs, has dementia, or any other mental impairment; you must go to court and seek guardianship or conservatorship over her person.

You'll need a couple medical professionals to testify to her diminished capacity to transact her daily affairs.

If you approached me, as an attorney for your mother, I would simply shoo you away.

Your POA grants you no authority over her affairs, or any ability to criticize what she does with her money or other holdings.

Her money is her money, and you as her son or daughter, have no standing to question to whom she bequeaths her worldly goods, possessions, and finances.

 

[cornfuzzed]

Thank you both for your opinions. I kind of figured that was the situation.

My concern about her finances being drained are that I'll end up ponying up whatever is needed for her care should she end up broke before she dies. As you might say, boo-hoo for me because I'm dumb and I care.

Happy Thanksgiving everyone.

 

[adjusterjack]

Again, if it's that serious an issue, then seek conservatorship through the court.

 

[army judge]

Thank you both for your opinions. I kind of figured that was the situation.

My concern about her finances being drained are that I'll end up ponying up whatever is needed for her care should she end up broke before she dies. As you might say, boo-hoo for me because I'm dumb and I care.

Happy Thanksgiving everyone.

You aren't responsible for the medical expenses of your mother, father, brother, sister, etc...

You're responsible for your medical expenses, your minor children's medical expenses, and in some states; your spouse's medical expenses.

You are free to pay for anyone's expenses, or contribute what you can.

You aren't legally responsible, except as noted above.

Power of Attorney
...

 

[cornfuzzed]

You aren't responsible for the medical expenses of your mother, father, brother, sister, etc...

You're responsible for your medical expenses, your minor children's medical expenses, and in some states; your spouse's medical expenses.

You are free to pay for anyone's expenses, or contribute what you can.

You aren't legally responsible, except as noted above.

Power of Attorney
...

Yes. I realize I'm not responsible for my mother's bills. I'm just dumb in thinking that because she *is* my mother. BUT I'm slowly but surely getting over that.

The Limited Power of Attorney I have, which is notarized, specifically states that I must be notified in writing to cancel the document. Kind of conflicts with the link you posted, but thanks for the link anyway.

 

[army judge]

Yes. I realize I'm not responsible for my mother's bills. I'm just dumb in thinking that because she *is* my mother. BUT I'm slowly but surely getting over that.

You're free to think what you will, and do whatever you direct yourself to do.

The Limited Power of Attorney I have, which is notarized, specifically states that I must be notified in writing to cancel the document. Kind of conflicts with the link you posted, but thanks for the link anyway.

Again, you're not required to explain yourself to useless internet bum.

If you have a problem with what the GA court system posted online, take it up with GA;s governor, the state AG, or the court itself.

I have no dog in anyone's fight or beef.

 

[cornfuzzed]

you're not required to explain yourself to useless internet bum.

You're not a useless internet bum, and I truly appreciate your advice and opinions judge.
I'm just trying to get my head straight about all this. It's been a very difficult situation for me.

Thanks again.

 

[zddoodah]

Should I proactively contact that lawyer and let them know I have the POA and tell them I question mom's competence or wait and see what is going on?

The opinions of anonymous strangers on the internet about this should not be meaningful to you.

I don't mean to discount your concerns, but the opinions of anonymous strangers about a situation about which we only have the slightest bit of information should not matter to you. I agree that speaking with an attorney of your own about maybe seeking a conservatorship is worthwhile.

 

[cornfuzzed]

Thanks. I realize the folks on this board don't have all the gory details, but I appreciate the opinions anyway, particularly since law is so darned complicated and I haven't any education in that area.