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JT, you really don't have POA "over" your wife; you have the authority to manage her affairs, as outlined in the POA, on her behalf as granted by her to you. In a sense, you're working for her, with her best interests being the goal.
Since your wife would have executed the POA, she would also be the only one who can change it. A proxy (you) cannot change a POA executed by someone else.
Is your wife no longer capable of changing the document if SHE wants the change to be made?
JT, I agree with GardenArtist above, only your wife can make a change to her Power of Attorney. If she is unable due to advanced Alzheimer's/Dementia, than you would need to remain as her Power of Attorney or have your daughter get Guardianship for her Mom and that can be expensive.
After seeing what is happening now, please look at your own Power of Attorney, is your wife your POA? Or is it your daughter? If it is your wife, time for you to make a change to your own POA. Than that would be one less thing for your daughter to worry about when you become much older.
JT, I agree with GardenArtist above, only your wife can make a change to her Power of Attorney. If she is unable due to advanced Alzheimer's/Dementia, than you would need to remain as her Power of Attorney or have your daughter get Guardianship for her Mom and that can be expensive.
After seeing what is happening now, please look at your own Power of Attorney, is your wife your POA? Or is it your daughter? If it is your wife, time for you to make a change to your own POA. Than that would be one less thing for your daughter to worry about when you become much older.
YOU NEED TO CALL YOUR ATTORNEY IF YOU DO NOT HAVE ONE I CAN RECOMMEND ONE IF YOUR IN THE LONG BEACH CALIFORNIA AREA
KEEP IN MIND CHANGES LIKE THIS OFTEN REQUIRE REWRITING THE ENTIRE TRUST IF YOU HAVE ONE, YOU MAY WANT TO LOOK OVER THE ENTIRE PACKAGE AND MAKE ANY MORE CHANGES WHILE YOUR DOING THE NAME CHANGE. TO REWRITE A COMPLETE LIVING TRUST HE CHARGED ME APPROX $2,500.00 JUST TO REMOVE A NAME IS 600.00
As a legal professional who deals with several POAs a day for business units for life/annuity copmany, I don't think there's quite enough information here to give a fair answer.
First, does your POA name a successor agent if you are not willing or able to be the agent for your wife? Does it provide you the authority to name a successor agent? It will be specific language within your wife's POA.
If it does provide a successor agent/attorney-in-fact or allows you to name a successor POA, you can resign in favor of that named successor agent. Keep that resignation with the POA, as companies like mine need to see why the primary agent isn't acting.
If it does not, there's where your issues may arise. If your wife has capacity to do so, you could have a new POA executed. Otherwise, you may need to consult with an elder law attorney as to your options.
And as mentioned, it may be a good time to review your own POA to make sure it covers successor POAs and have a new POA drafted if it may not meet your own needs.
Greets Rebecca Yes it does it is a springing power of attorney in para 2 (YES & YES) para 3 yes as well we had to do ours more like a business due to the fact that we got some out law family members we had do disinheiret so Mr C made it a bit more litigation proof. Also we named one of my other attorneys as a last successors to the entire document it was his choice. so it is lined up like this 1st Mom
2nd Myself 3rd my current wife 4th my attorney
Rebecca in regards to your last paragraph, we have done this now for the third time just to get it right, because there is alot to this and in the beginning mom was not too well versed so she had her granddaughter help her well that is one of the ones we caught embezzling from the special needs portion of this trust. That is when myself mom my 2 attorneys and my current other half and moms friend all sat down together and hashed over this we do finally have it spot on or at least very very close...
let me pose a question to anyone here that may know the answer, lets say in a Living trust it names john doe as a primary sucessor can that john doe use that trust as an instrument of negotiation for lets say buying stocks under the assumption john doe has a 40% share of the trust gauranteed to him?? I have heard so many people talking about this particular issue happening and if it can I think one of the outlaw family members may have done this at one time.
I would be very wary of anyone having access to my money, this is usually where specifically young people are tempted and you know where that goes, need I say more? Too many times the very people who end up taking advantage of you are your own relatives including children. People start off meaning well only for mistakes to be made or temptation where lots of money and assets are involved. Look at the opportunities when you see that bank account or that house or car, see what I mean? I personally would never want a POA, my bills are set from my end up to come out automatically so my bills are paid if something happens to me. If I were to become long-term incapacitated, I wouldn't want no one touching my money because I would hate to wake up one day and everything was changed into something it wasn't before. I would hate to wake up broke, my bills not being paid or maybe I lost my home. I would want my bills still coming out so that I can just come home and back to my normal life as I knew it before.
Never ever ever give anyone access to your bank account, and I'm speaking from my own experience of dealing with my dad's estate where there was a faulty POA with a shady past. I strongly encourage you to please learn from what has happened to others and learn from others who are already practicing prevention to keep others from taking advantage of them, and I have an awful lot to say about it because no one's taking advantage of me
If your wife is still able to make decisions, you just need new papers drawn up for her to sign. If she is not able, you will need something from her doctor stating that, then your power of attorney will be in force. You should be able to have your daughter named as a second to yourself in case you become incapacitated or injured. You need a medical power of attorney and a financial power of attorney. If you have your daughter in charge, you need to have some sort of checks and balances so she cannot take all your money and leave you destitute. I have seen this happen, just as the Devil tempted Adam, large amounts, even small amounts of money can tempt people. A good way to correct that is to have her required to report to your lawyer or a banker every 3 months with a statement of what your money is being spent on, etc. An elderly lawyer should be able to help you with all these things. If you cannot afford a lawyer, there are legal aid persons that will help you for free. Just google legal aid and a group near you should pop up.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Since your wife would have executed the POA, she would also be the only one who can change it. A proxy (you) cannot change a POA executed by someone else.
Is your wife no longer capable of changing the document if SHE wants the change to be made?
After seeing what is happening now, please look at your own Power of Attorney, is your wife your POA? Or is it your daughter? If it is your wife, time for you to make a change to your own POA. Than that would be one less thing for your daughter to worry about when you become much older.
After seeing what is happening now, please look at your own Power of Attorney, is your wife your POA? Or is it your daughter? If it is your wife, time for you to make a change to your own POA. Than that would be one less thing for your daughter to worry about when you become much older.
KEEP IN MIND CHANGES LIKE THIS OFTEN REQUIRE REWRITING THE ENTIRE TRUST IF YOU HAVE ONE, YOU MAY WANT TO LOOK OVER THE ENTIRE PACKAGE AND MAKE ANY MORE CHANGES WHILE YOUR DOING THE NAME CHANGE. TO REWRITE A COMPLETE LIVING TRUST HE CHARGED ME APPROX $2,500.00 JUST TO REMOVE A NAME IS 600.00
First, does your POA name a successor agent if you are not willing or able to be the agent for your wife? Does it provide you the authority to name a successor agent? It will be specific language within your wife's POA.
If it does provide a successor agent/attorney-in-fact or allows you to name a successor POA, you can resign in favor of that named successor agent. Keep that resignation with the POA, as companies like mine need to see why the primary agent isn't acting.
If it does not, there's where your issues may arise. If your wife has capacity to do so, you could have a new POA executed. Otherwise, you may need to consult with an elder law attorney as to your options.
And as mentioned, it may be a good time to review your own POA to make sure it covers successor POAs and have a new POA drafted if it may not meet your own needs.
Best wishes.
Yes it does it is a springing power of attorney in para 2 (YES & YES)
para 3 yes as well we had to do ours more like a business due to the fact that we got some out law family members we had do disinheiret so Mr C made it a bit more litigation proof. Also we named one of my other attorneys as a last successors to the entire document it was his choice. so it is lined up like this
1st Mom
2nd Myself
3rd my current wife
4th my attorney
Rebecca in regards to your last paragraph, we have done this now for the third time just to get it right, because there is alot to this and in the beginning mom was not too well versed so she had her granddaughter help her well that is one of the ones we caught embezzling from the special needs portion of this trust. That is when myself mom my 2 attorneys and my current other half and moms friend all sat down together and hashed over this we do finally have it spot on or at least very very close...
let me pose a question to anyone here that may know the answer, lets say in a Living trust it names john doe as a primary sucessor can that john doe use that trust as an instrument of negotiation for lets say buying stocks under the assumption john doe has a 40% share of the trust gauranteed to him?? I have heard so many people talking about this particular issue happening and if it can I think one of the outlaw family members may have done this at one time.
Never ever ever give anyone access to your bank account, and I'm speaking from my own experience of dealing with my dad's estate where there was a faulty POA with a shady past. I strongly encourage you to please learn from what has happened to others and learn from others who are already practicing prevention to keep others from taking advantage of them, and I have an awful lot to say about it because no one's taking advantage of me