How to initiate POA?

[Clef]

Jurisdiction

California

Hello, I have a situation where my father re-married and designated his wife as POA and then me. Currently, my dad has Alzheimers and his wife has taken over his affairs but she now also has cognitive issues and I am unclear how to trigger the POA. Her children seem to want to shut me out of the decision making process and want to be in charge however these were not their wishes not what the POA says but there is a bit of gray area since they do not want to acknowledge their parent has cognitive issues. What can I do here? How does the POA function without her children forcing her to resign from POA?

 

[adjusterjack]

How does the POA function without her children forcing her to resign from POA?

There's no way of answering that question without reading the document.

We can't give you specific legal advice but if you want to upload a complete copy, you might get some comments as to what issues you might face.

Be sure to redact any identifying information.

 

[flyingron]

Note that POA is not transitive. So why you might have POA over your father's affairs, he couldn't have delegated authority for his wife. Her children really have no say in the matter. As AJ says, it matters if what the POA that nominates you as the attorney in fact says. Even her "resigning" while still alive may not mean anything.

 

[adjusterjack]

What can I do here?

Important question. Where are you located in relation to your father and the spouse's family?

 

[Cleffy]

Hello, sorry for the delay. I have been unable to reset the password to my old account, not receiving the reset email and it isn't in junk either. Moderator if there is a way to merge these accounts much appreciated.

I am located out of state, but am able to visit as needed. Attached is the redacted healthcare POA, there is also a directive submitted with the healthcare provider as well which is basically the same idea, and there is a separate financial POA which I won't get into at this time since I am just concerned about the decision making related to healthcare support now.

 

[flyingron]

Understand a POA grants you the ability to act for someone but doesn't mandate that any particular person accept your authority. Anyhow, the way it is written, before you can start taking acts on your father's behalf, it looks like you'll need to show that his wife is ineligible or incompetent to do so.

A good place to start would be the attorney that drafted this document to begin with.

 

[zddoodah]

I have a situation where my father re-married and designated his wife as POA and then me. Currently, my dad has Alzheimers and his wife has taken over his affairs but she now also has cognitive issues and I am unclear how to trigger the POA.

Consult with a local attorney for advice. It may be that you'll need to seek a conservatorship. Also, the fact that the attorney-in-fact under a POA "has cognitive issues" doesn't necessarily mean she's incapable of handling her duties as attorney-in-fact.

Her children seem to want to shut me out of the decision making process and want to be in charge however these were not their wishes not what the POA says but there is a bit of gray area since they do not want to acknowledge their parent has cognitive issues.

Are her children really interested in managing your father's affairs?

 

[Cleffy]

Could you elaborate on this?

"Also, the fact that the attorney-in-fact under a POA "has cognitive issues" doesn't necessarily mean she's incapable of handling her duties as attorney-in-fact."

It seems as though at this time, her children are interested in blocking my efforts to provide support for my father. What that means down the road is unclear. A consultation with a local attorney is probably in order.

 

[adjusterjack]

A consultation with a local attorney is probably in order.

That's a big 10-4, old buddy.

 

[zddoodah]

Could you elaborate on this?

"Also, the fact that the attorney-in-fact under a POA 'has cognitive issues' doesn't necessarily mean she's incapable of handling her duties as attorney-in-fact."

To be honest, no, I cannot elaborate on what I wrote here. It's self-explanatory.

It seems as though at this time, her children are interested in blocking my efforts to provide support for my father. What that means down the road is unclear. A consultation with a local attorney is probably in order.

It's worth noting that you haven't told us anything about the scope of the POA that your father gave his wife. Regardless, if you believe that your step-mother is incapable of properly caring for your father, you absolutely should consult with a local attorney.