QUESTION
What can he do if the person who has his money and the power of attorney does not give it to him when he asks for it?
Asked on Sep 08th, 2012 on Estate Planning - Wisconsin
More details to this question:
My friend receives social security and VA benefits. He was deemed incapable of handling his own funds. His sister has power of attorney over him.
17 ANSWERS
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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This may constitute elder abuse and/or fraud. In Texas, you would contact the Department of Aging and Disability services and possibly local law enforcement. That said, if your friend lacks capacity to handle his own affairs, he does not have much legal use for money, and giving money to someone in that circumstance would not be in his best interest.
Answered on Sep 14th, 2012 at 4:59 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The person should revoke the power of attorney. ail.
Answered on Sep 14th, 2012 at 4:58 PM
Unless the person is not being properly cared for and has not been adjudicated incompetant, then nothing.
Answered on Sep 14th, 2012 at 4:57 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Then the sister controls his finances legally.
Answered on Sep 14th, 2012 at 4:56 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Your friend might be able to revoke his power of attorney. If his sister is mishandling his funds, then he could contact the local department of social services or (if he is over 65) department on aging.
Answered on Sep 14th, 2012 at 4:53 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Sue the holder of the power of attorney for an accounting and determination of the provisions of the power of attorney re the authority of the holder of the power; maybe you are not entitled to the money at this time if the power of attorney has restrictions re disbursement of funds imposed on the person holding the power.
Answered on Sep 14th, 2012 at 4:50 PM
A conservator is appointed by the court to care for someone who has shown that he or she can no longer make reasonable financial decision. The conservatorship lasts until the court terminates it. The conservator has no obligation to provide funds just because the conservatee requests money. He or she is legally obligated to make sure that the conservatee's money is used properly to cover the cost of housing, utilities, food, health care, clothing, transportation, and personal needs. The conservator can be replaced by another person if it can be shown that the conservator is not doing a reasonable job managing the funds and that the conservatee is suffering because of that failure. The court occasionally terminates the convervatorship if the conservatee can show that he or she has recovered enough to handle his or her financial affairs again.
Answered on Sep 14th, 2012 at 4:49 PM
Shadi Ala'i AlaiShaffer
Send a letter demanding it, fire the sister and appoint a new power of attorney agent, or hire an attorney to assist you. She should not be doing this unless she feels she is protecting him possibly?
Answered on Sep 14th, 2012 at 4:48 PM
Thomas Edward Gates
He would have to file a request with the court.
Answered on Sep 14th, 2012 at 4:46 PM
3 Awards
It sounds like she is the representative payee. Is she appropriately spending his money? That is the real issue. If not he should speak with an attorney.
Answered on Sep 14th, 2012 at 4:44 PM
Peter James DeRose
Every power of attorney form I have ever seen contains a clause allowing the document to be revoked at any time by written notice. Additionally, the power of attorney only allows the agent to perform lawful acts. Fraud and theft are not lawful acts. Likewise, not distributing funds upon request violates the duties of the agent. The agent owes a fiduciary duty, which is the highest duty imposed upon an agent. They must treat the property entrusted to them as if it was their property. You can sue, but money gone is usually money lost. Revoke the power, if your friend has the mental capacity to do so (that is another issue) and start a court supervised conservatorship as soon as possible. Consult with an experienced lawyer soon.
Answered on Sep 14th, 2012 at 4:43 PM
Your question is difficult to answer without knowing (1) who deemed him incapable of handling his own affairs, i.e., a physician or someone else, and (2) the wording of the power of attorney. Without that information, I would recommend that your friend immediately deliver a written notice specifically revoking the power of attorney and so notify the bank where Social Security and the Veterans Administration payments are deposited and where his money is deposited.
Answered on Sep 14th, 2012 at 4:40 PM
Neal Michael Rimer
Unless there is a conservatorship, your friend can sign different documents and same someone else to receive his funds. You could also begin a conservatorship and then the conservator could then become the payee on behalf of your friend.
Answered on Sep 14th, 2012 at 4:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If he still has capacity to do so, he can revoke the prior Power of Attorney and name someone else. If he does not have capacity, then he would need to petition the probate court to appoint a conservator, (and probably a guardian, as well).
Answered on Sep 14th, 2012 at 4:39 PM
If an agent under a power of attorney is not acting in his best interest, a guardianship proceeding can be initiated asking the court to appoint a guardian over his person and/or estate.
Answered on Sep 12th, 2012 at 10:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not much, but I would have to review the orders deeming him incapable and the powers granted to the sister by the court to form a reliable opinion.
Answered on Sep 12th, 2012 at 10:37 AM
Leonard A. Kaanta
He has a appointed guardian, he can write a letter to the judge.
Answered on Sep 12th, 2012 at 10:37 AM