Follow
Share

I do not want to be involved in their financial schemes or scams. The most recent being that she, (mother) wants my husband to sign a form for my Dad's Medicaid trust stating that he, my husband provides lawn care services for her for X amount of dollars a month when actually all he does is drive her grandson up to her place and the grandson does the actually mowing. She also insists on making out the checks in my husbands name instead of to the grandchild doing the mowing or paying the young man cash,

This question has been closed for answers. Ask a New Question.

20 Answers

Most
Helpful Newest
First Oldest
First
Ake, no you cannot be named as a POA without your knowledge or consent as you would need to sign that legal document saying you were accepting this position as Power of Attorney.
Helpful Answer (3)
Report
thank you.
Helpful Answer (0)
Report
Well, yes your mom could name you, or nominate you, but if you didn't want to serve then you would need to return this document to your mom and/or her lawyer, unsigned, and enclose a cover letter stating you will not.sign the document (but do sign your cover letter). Send it certified mail, return receipt, and save a copy. You could even have that letter notarized to make.it seem extra-official if you like. But
Helpful Answer (2)
Report
....But make sure you do respond specifically and promptly.
Helpful Answer (0)
Report
My parents did the advanced directives, leaving financial POA first to each other and then to my brother in the event they were unable to be POA. Nobody had to sign anything. My mother did ask my brother if it was okay and he said yes. I don't know how it would work if he ever had to use it. Right now he doesn't even have a copy of the advanced directives. We talked about it one time and he told me to do whatever needed to be done and he would sign off on it if needed. Sigh. He's halfway across the country, though, so what he said is understandable. My mother thinks financial POAs are man-things. I don't think she understood what it really entailed.
Helpful Answer (0)
Report
Lol, "...my mother thinks POA'S are man-things. .." you win the AC prize for the day!
Helpful Answer (5)
Report
Yes, a person can be named as POA or healthcare proxy without their knowledge or consent. That would be a pretty stupid thing to do, in my opinion, but but when I did the POA documents (with the assistance of an Elder Law attorney) none of the people named had to sign anything. I just named them. Nothing was sent to them officially. (I talked to them, of course, but I was not required to.)

But a named person can refuse to serve. If you get wind that your in-laws have named your husband to any role he does not wish to fill. notify them by registered mail. If he is ever called upon to make some decisions to take some action as a POA he can simply decline.

malloryg8r and freqflyer, where do you live? I wonder if some states require signatures and/or notifications of persons named. This state sure doesn't!
Helpful Answer (3)
Report
Jeanne, good point, now I wonder if each State is different when it comes to drawing up a Power of Attorney, from what I am reading above. My parents Power of Attorney was done with an Elder Law Attorney, my parents and I had to sign said document,it was witnessed and it was Notarized.... this was done 6 months ago. I live in the Commonwealth of Virginia.

Now on my own POA, my sig other was named as my POA and he had to sign, but the other back-up names didn't need to sign.
Helpful Answer (1)
Report
Some places attach a form to the POA that is directed to the POA to sign as accepting the position if need be. However, not everyone does that. I would make sure to alert my parents that I was NOT interested, just so they know. It would go to the alternate if you decline to accept it.
Helpful Answer (0)
Report
The state of Massachusetts does not require the DPOA Agent to sign the instrument.
Helpful Answer (2)
Report
I don't get why the example given is a "scam." If she hired a lawn service, she would pay the business, not the guys actually doing the work. I hope the husband is paying the grandson, but that doesn't seem to be the issue.
Helpful Answer (0)
Report
I think the issue may be Medicaid seeing the checks written out to poster's husband as gifts and incur a penalty. MIL may be writing checks to husband as adult as a person who can have a legitimate contract. The problem may arise if the amount ends up on taxing authorities radar as income you have not declared and paid taxes on. Trusts file annual paperwork. Amounts over $600 have paperwork to file with IRS. People weave the web for Medicaid and then have to make it work. Sit down and make sure they did not involve him anyway!
Helpful Answer (0)
Report
Florida doesn't require a signature or notification for either POA or trusteeship. After our father died, my brothers and I came across papers naming all of us as trustees, but only the boys as POA (all three of them). My mother with dementia doesn't remember any of this.
Helpful Answer (0)
Report
I live in Massachusetts and I have a DPOA, signed and notarized, which has come in handy as I have had to give copies both of that and the health care proxy to the nursing home, plus to any ins. companies or other financial institutions of questions to which I needed answers. In the case with the NH, at least I'd learn then that I was named as POA as I would be contacted and discover it. I agree with Malloryg8r on the certified letter and having that documentation for yourself should you need it. Great idea. When it comes to Medicaid or any financials, documentation will give you some relief of the stress dealing with your own situation.
Helpful Answer (0)
Report
The answer is no. The POA doc has to be notarized. You must be present for the notary public to complete the process.
Helpful Answer (1)
Report
Army: Signing and notarizing is required in the state of Massachusetts. Just had to do it my mother.
Helpful Answer (0)
Report
I am my Dad's POA as well, I didn't have to sign any papers either.
Helpful Answer (0)
Report
A couple of years ago my mother told me that she has my sister and me as her POA. I asked if I was supposed to sign something, she said not now, only when it needs to go into effect. I wasn't sure if that was true or not. She never showed the papers to me, I don't know what they say, I don't have a copy and never signed anything. My sister and I are also her Healthcare proxy. I have a copy of that document from the lawyer.
Helpful Answer (0)
Report
You can be named as the POA without your knowledge. Being named does not compel you to act. It wouldn't bother me if my scheming mom wrote a lawncutting check to my husband instead of my son. If it amounted to more than $500 a year? I would refuse to cash them and tell my son to either cut their lawn as a GIFT or stop cutting.
Helpful Answer (0)
Report
As a related bit of information...you can be *removed* as Power of Attorney POA without notifying you; it happened to me. The documents said they had to notify me but the attorney and my mother did not notify me about the change. I found out when my mother summoned me to deal with a huge mess she had. After I explained that she had appointed her ditzy sister as POA and I was unable to help her, she changed her mind and reinstated me as POA. So POA assignment is sort of a nightmare of responsibilities and emotions subject to change without notice. I would think you need to insist someone else assume all the responsibilities, someone who will get paid for their services.
Helpful Answer (2)
Report
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter