More details to this question:
In 2009, my mother executed a durable POA naming my sister and I both as POA's that can act separately. In early 2010 my mother and I signed a written agreement saying that in the event she moved into my home she would compensate me $10 per hour. My mother signed several legal documents in her Attorney's offices after that date and he will verify that fact and continued living at her house until the end of that year. In Jan 2011 my mother moved into my house with my family and we cared for all of her needs until the end of 2012 at which time a placed into an assisted living facility for Alzheimer patients. My sister is now claiming that my signed agreement with my Mother is invalid because she was also a POA and my agreement doesn't detail every aspect of care we would provide even thought we did everything. This makes no sense since we did everything for my Mom and I did receive my compensation almost for that full amount and she is threatening suit.
10 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Let her threaten suit. You need to read the power of attorney. It will say if you can take acts by self or if both of you have to agree on everything.
Answered on Aug 24th, 2013 at 12:25 PM
3 Awards
The big issue will be your mother's capacity at the time she signed the agreement. I urge you to speak with an attorney to address the possible liability you may face and suggested next steps. Without getting into a lot of specific facts, all I can advise you is to seek legal counsel.
Answered on Aug 16th, 2013 at 12:20 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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As long as your mother was mentally competent when she signed the care agreement, it is valid and enforceable.
Answered on Aug 16th, 2013 at 12:20 AM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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I understood your facts but not the final question. She is threatening suit. I think your case can be defended easily. And I don't think $10/hour is extravagant. If she wants to sue you, nothing will stop her. There is no requirement that your agreement set out the details of the care. And if the POA allows either of you to sign, you should be fine. Of course, in retrospect, I would have had her sign it because it is a contract for self-dealing.
Answered on Aug 16th, 2013 at 12:20 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The POA executed last in time, is the one that controls if the second POA revoked the first executed POA; but since your mother was put in an assisted living facility, the POA may have been revoked when it was determined she had alzheimers. You need to investigate this matter but I would worry about a suit from your sister, as you earned the monies paid to you.
Answered on Aug 16th, 2013 at 12:20 AM
2 Awards
It is hard to say without reviewing the agreements but if the POA said you could act independently you would be fine. In addition if your mother signed the documents directly and had capacity the POA is irrelevant and your mother's signature controls. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Aug 16th, 2013 at 12:20 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is not very clear what the documents provide and what your sister's beef is.
Answered on Aug 16th, 2013 at 12:20 AM
Thomas Edward Gates
The Principal, your mother, can sign her own documents and, they are legally binding. The Power of Attorney agent only acts when the Principal cannot act on their own. Your sister is incorrect in her belief. She would lose in a lawsuit. Have her reread the Power of Attorney document.
Answered on Aug 16th, 2013 at 12:20 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Your mother's own signature on an agreement trumps anything anyone does as an agent under a power of attorney, as long as your mother had capacity when she signed. POA does not mean the agent can substitute her judgment for the judgment of the principal; it just allows the agent to do things the principle would do if she were able.
Answered on Aug 16th, 2013 at 12:20 AM
Power of Attorney lets someone act on another's behave when they can not or do not want to. So your mother could make any agreement she wanted without your sister's approval.
Answered on Aug 16th, 2013 at 12:20 AM