Valid power of attorney
My mother created a power of attorney appointing myself, her only child, and her sister. Later, my mother suffered a stroke. The combination of the stroke and dementia has necessitated that my mother live in assisted living, making her completely dependent on her sister to manage her finances and routine banking.
After the stroke, I have been trying to understand my mother’s financial affairs to ensure they are being responsibly managed. My mother’s sister organized her accountant and her son-in-law to assist with my mother’s finances. Although I was uncomfortable with this arrangement, I decided to observe how it would proceed.
My requests for information regarding my mother’s finances were essentially ignored. I discovered that my mother paid the son in law $4,000, which, according to the son in law, amounted to about $65 per hour. Given the lack of transparency and what I perceive as the squandering of my mother’s money, I invoked the power of attorney created by my mother before her stroke. I dismissed my mother’s sister’s accountant and prohibited the son-in-law from “working” for my mother without at least getting consent from myself.
Later, I discovered that over $25,000 had “disappeared” from my mother’s bank accounts over the course of six months. A significant portion of this money was given to my mother’s sister and her son-in-law. I reported this mismanagement to my mother’s legal counsel, Robert Holt, who had created the initial power of attorney.
Subsequently, my mother’s legal counsel informed me that my mother’s intentions are now to appoint myself, her sister, and her brother-in-law as her powers of attorney.
I believe the original power of attorney my mother created before her stroke is still valid because:
- After the stroke, my mother required full-time care due to the combination of the stroke and dementia.
- I have always acted in good faith and in the best interest of my mother.
- I am my mother’s only child/kin.
- My mother’s sister is abusing her position of trust, enriching herself and her son-in-law at the expense of my mother’s well-being and her relationship with her only child.
From the beginning, all I have ever wanted was to ensure that my mother’s financial affairs are responsibly managed. However, I am now further away from achieving this goal than ever. It is only fair and just that the original power of attorney be enforced so I can finally put an end to the exploitation of my mother.