Sis wanted me to be executor of Will, I said NO, did not want to at time. Became POA then when went to Bank received statment in mail and found niece was POD. She has never mentioned being POD. Sis has given her money, alot, for visiting and paying her meals. Niece is after money how do I remove her from POD?
Your sister, when she was of sound mind, made the choice to leave this account to her daughter after her death. Leave it as she chose it to be.
Niece can not touch the account until her mom is dead, until then the account is used for your sisters care and life.
POA does NOT give you any authority to enforce your will or desires on your sister. In fact doing so, against her obvious choices when she was of sound mind, puts you in danger of being prosecuted for violating your fiduciary responsibilities.
Yes, thank you for your previous answer.
When I became POA and Trustee of Trust for my brother he had an ex partner who was already in care on one of his CDs. When the CD came due for removal I checked with my brother to ask if this was the person he wished still to get these funds on his death. He said that it was, and the new certificate was opened as he wished. When my brother died I, as his then executor, notified the Fiduciary of the man he put on this account of the account, and I provided a death certificate. The funds were transferred to the person my brother wanted to have his money in this particular account, and now, 2 years later, is keeping him in a better level of memory care than he could otherwise have afford.
Do as your Mother wished should be done.
As to what can be done under your POA it depends upon how it is written and what it allows you to do. An "executor" serves after death. A POA serves before death and is allowed to do those things as stipulated in the POA document. Always check "lawyer questions" out with lawyer, not with forums. As you have had questions before regarding all this do know, as a POA you are allowed to spend your Mother's money on advice of how best to act FOR HER in HER best interests.
Now she gets all. I just want some for her son who is in worse financial situation and being son, I feel should get some.
I do think though that it's none of your business who the designated heirs are. You stated you didn't want to be Personal Rep (a/k/a Executor/Executrix); why would you feel that you now have the right to become involved with someone's choice of an heir? That seems quite judgmental and intrusive to me.
I'm also confused by the use of "niece" and "daughter". If this woman appointed YOUR niece to be PR, then that person would be her daughter, assuming that this woman is your sister. Is this the situation? Or did she appoint her niece, who would not be her daughter? You also state that:
"I just want some for her son who is in worse financial situation and being son, I feel should get some."
This is the only time you've mentioned a son.
And to reiterate, what you feel should be post death distributions is not your concern, nor do you have any standing (rights) to be involved in this decision.
Being proxy under a POA doesn't give you the authority to change heirs, nor is the principal obligated to share that information with you. I also think that you should be finding ways to get along with existing daughter(s) and niece(s) and work for the best support and outcome for this woman who your profiles states has dementia. That's one of the best things you can do for this woman who trusted you.