We found out that the grandmother did have a P.O.A. and it is her grandson. This was done April of 2020 by her lawyer. The grandson went to her doctor to have the paper signed, but the finance daughter had already done this February of 2022, so the doctor wouldn't sign it. Which one do (should) they honor?
Is the new POA also Durable?
I've been caring for the grandmother for a while now.
I don't know what kind of POA the daughter has.
The grandson POA was Durable.
So neither one is overwhelmed, I imagine. As as girl, I am not considered 'capable' of being a POA, which is fine, I don't wanna be.
As long as the 2 POAs get along and they are caring for mom, then I wouldn't fuss at it. It's a thankless job and often comes with a lot of baggage. My HCPOA brother is very aggressive and secretive at the same time. He takes mom to the Dr and doesn't share with the rest of us her health issues. His JOB is to protect her interests and be the family go-between. Instead he has become her 'voice'. If he doesn't want her to have/do something, she cannot have/do it. Although we all believe she is perfectly safe at this point (quadruple vaxxed against COVID) he will not allow her in public places. So other than the Sr Center for 60 minutes once a week, she is not allowed out of the house. Yes, she goes 'grocery shopping' but brother makes her stay in the car in the parking lot while HE shops. He has minimized her sense of control to the point no matter what you ask her, she says "let me talk to R first". He has not allowed her to get a haircut or visit another family's home for almost 2 years.
It's ridiculous, but she kowtows to his 'powers'.
The FPOa simply meets with her once a quarter, goes over her small investments and checks her checking acct to make sure she's OK with it. He gives her a certain amt of cash so she can't give it all away in the first week of the quarter, but that's it.
She does not have dementia other than what ANY 92 yo woman has.
Your grandson will have to go to his own attorney if he is not able to discuss this with the daughter, which would be sad. But as things currrently stand, if this daughter is doing POA "financial" work of paying for bills and getting every penny in and out of grandmother's estate accounted for, and can prove this, not a lot else will occur. She may feel forced to file for guardianship to prevent meddling in all of this.
Do you have REASON and PROOF of intent to defraud her mother? If so, consider filing with APS.
It is always sad when families cannot discuss this sort of thing. Trying to sort these things out legally is costly and a true mess that makes a senior feel divided and unhappy when they should be protected.
Cannot know what you suspect this "financial daughter " of; only you have that information. You may need to take it to an attorney for advice.
Now grandmother has dementia and the aunt went and got P.O.A the first week of February 2022.
I don't understand why the grandson took a POA document to a doctor for signature, especially after an apparently legitimate one already existed. I also don't understand what a "finance daughter is."
The people appointed to act are "proxies".
Typically, a POA or DPOA (Durable Power of Attorney) are prepared by attorneys; they know the law better than a doctor.
Some hints to understand POAs:
They're documents, not people. A grandson or daughter aren't POAs, they're PROXIES, which mean they can act on behalf of someone. The only POA is a document.
The designated proxy/proxies can present a properly executed, witnessed and notarized POA or DPOA to someone, for validation that the individual can act on behalf of the person who created it. I'm assuming that's why the grandson took something to the doctor, as certainly the grandson could not ask the doctor to sign as he's not the principal, the one who created the document.
Hope this helps.
The newest POA is the one that is in effect. If the POA in 2020 assigned a grandson and was done by an attorney, has the grandson been currently ACTING as the grandmother's POA? Has the Grandson shown the POA to the daughter. You call her the "finance daughter". There is no such thing as a Finance daughter. There are POAs and there are guardians. If the daughter has been handling the POA, and she already has letters from a doctor done in 2022 then I ASSUME she has a POA done in 2022. If this is a legally done POA then the newest LEGAL POA is the one that is in effect and cancels all others, and there is usually language included in the POA to say so.
So now, whether or not all these people "get along" it is legally crucial that the grandson and the daughter get together and compare the POA. The grandson believes he has one. If the daughter is handling finances then it is likely SHE has one and a newer one.
And of course WE here on Forum cannot tell what the case is. Only the grandson, the daughter, and you can find this out. Wishing you good luck.
the real danger here is if the grandson attempts to use his POA to sell property or access accounts when he has no right to do so. This is legal business with legal fiduciary consequences under the law. Time to find out what's going on.