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Can an attorney-in-fact under a Power of Attorney spend your money if you are in a nursing home?
Wiki User
∙ 12y ago
It depends on the type of POA you gave them (in the UK there is a special type called an enduring power of attorney) and in this case the money can only be spent for your benefit (i.e. paying your nursing home bills etc). If you are worried talk to a solicitor/attorney.
Another Perspective
The principal's money should always only be spent for the benefit of the principal. A power of attorney grants sweeping powers over all the assets of the principal and many principals have been taken advantage of by their agents. If you suspect that you or someone you know who is in a nursing home is being taken advantage of by their attorney-in-fact, you should speak to the authorities immediately.
You should speak with the social worker at the nursing home or the patient's attorney. An attorney-in-fact is a fiduciary and as such is governed by the laws that control the conduct of fiduciaries. They cannot convert any funds belonging to the principal to their own use. A dishonest attorney-in-fact can wipe out savings quickly. The POA should be revoked immediately and a copy of the revocation should be delivered to any facility or entity that has accepted the POA in the past.
Wiki User
∙ 12y ago
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Does pwer of attorney give you power of the deceased person money?
No. A power of attorney ends upon the death of the principal.
If there is two names on a CD account at the bank and one dies can power of attorney take the money out?
If the power of attorney represents the deceased, no, they cannot. A power of attorney expires on the death of the grantor.
What happens if you take money out of deceased dads bank account without power of attorney?
A power of attorney represents a living person, so any power of attorney is no longer valid. They would have to be on the bank account or the executor to legally take the money out.
When a person dies and no one name was on it but hers can a family member get the money out if they were her power of attorney?
The power of attorney has no rights after the death of the grantor.
Can a power of attorney disperse money from a will or does a lawyer have to do it?
A Power of Attorney has no rights to do anything with the estate. Any power of attorney that existed became null and void at the death of the grantor. The executor distributes the estate.
How does a wife get power of attorney if her husband is in jail he is due to get money from sale of house?
If the husband doesn't give her the power of attorney, there is no way for her to get it. She will have to take the paperwork to him to be signed. He could grant her a power of attorney if he would like to.
What monies can a power of attorney use for their own use?
A power of attorney has no rights to use the money for personal use. They are to represent the grantor in legal matters.
How can you stop your dead estranged husbands lover getting his money or getting power of attorney?
You estranged husband is dead. He can no longer grant a power of attorney.
Can a POA stop a person from taking money out of the bank?
The Power of Attorney does not have the ability to stop the individual that granted the POA to them. They have the rights granted in the power of attorney.
What are the release dates for Power of Attorney - 2000 Report-card Money 1-4?
Power of Attorney - 2000 Report-card Money 1-4 was released on: USA: 28 August 2000
What to do if my mother died and appointed my sister power of attorney and she did not give me no money?
Power of attorney ends at death. Seek a probate attorney the estate would have to be shared with the remaining benaficiarys if no will or trust is in place.
My gramma wants 2 give me some money out of 1 of her investments Her power of attorney which is also her daughter says she can't Who has the ultimate FINAL say?
That depends on who granted the power of attorney. If it was a court because she was declared incompetent, the power of attorney wins. If gramma granted the power of attorney, gramma wins.
