Abused Power of Attorney

This is a discussion on Abused Power of Attorney within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; My questions: 1) Doesn't a Power of Attorney over an elderly person have to use thier assists on the care of that person? 2) Can a former Power of Attorney ...

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    ASH
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    Abused Power of Attorney

    My questions: 1) Doesn't a Power of Attorney over an elderly person have to use thier assists on the care of that person? 2) Can a former Power of Attorney be reqired to explain how the money was spent? 3) If former Power of Attorney did not use money for the care of, can they be made to pay for the cost of a funeral?
    The issue:
    My widowed Grandmother remarried late in life to John. John was an alcoholic. After living several years in Indiana they moved to Grandmother's homeplace in KY. Both had health issues. Grandmother was moved back to Indiana into a nursing home by her eldest son. Her eldest son took power of attorney over Grandmother. His wife took power of attorney over John who was moved into a nursing home in KY. Her relationship to John is step daughter-in-law. John has advanced alzheimers. He has no contact with his own family. The step daughter-in-law kept power of attorney for John for a short time. By the time she gave up the Power of Attorney assists of both had disapeared including vehicles, cash, savings and CDs. Grandmother passed away a couple months ago. Over the years I visited John when in KY. Grandmother had worried endlessly about John. To ease her worries I tried to find John's family. Letters went unanswered. Concerned about what would happen if John passed I looked into the burial plans that had been made by Grandmother and John. I found out that deposits had been made but not paid in full. Such as a headstone paid for but not the gravesite. After giving John's nursing home the name of the funeral home he had choosen they send some money to his account as it accumulates. All John truly needs now is his funeral. Thank You


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    A lot of your questions depend on the specific language and text contained within the power of attorney and what rights it gave to the principal. The best thing you can do is bring the documents to an attorney to review and advise you on the specifics.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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