how can we get power of attorney?

Question

My sister is tending to my Mom's financial affairs with social security and all because the SSA says that Mom is not able to handle her own money. We are now wondering if she can handle her personal life either. She has let our dope head youngest sister move in with her into her 1 bedroom apt. Mom sleeps on the couch so sister and boyfriend can have her room. These 2 losers have stolen from Mom before and now my sister found out that they took Mom's debit card to 3 ATM's last week and now have her overdrawn. I think my sister needs this power of attorney so she can step in and get these 2 losers out of moms house and maybe prosecute them. The account is in my sisters name for mom. The SSA says she is not mentally able to handle money so how do we get the power of attorney for this? Thanks

Answer 1

I would suggest talking to a lawyer before doing anything with this. Usually a POA is pretty easy. Usually all you need is a form legal in your state and someone to notarized it. You can get the form from an office supply store and check the phone book for a Notary Public.

But, if you need a POA for something that is very specific or might be contested in court it can be a good idea to have an attorney help draw it up. Since your younger sis has taken possession of the apartment by right of living there with your mom's permission she may fight it if your other sis tries to evict her with a POA. Also, if the SSA is having issues with your mom's competency, she may be ineligible to sign a POA. Then you'd need to go to court and have her declared incompetent and have to court appoint someone to handle her affairs.

That said, if your sister is on your mom's bank account she should be able to cancel the ATM card and change the PIN. But if your mom is going to hand it all over again that won't help much.

Answer 2

Unless your mom appoints a POA to someone to handle her affairs, your only other option is to go to court and have her declared incomeptent. THat will vary from county to county, and almost certainly require an atty; might start by calling a local atty.

Answer 3

Your sister and your mom will have to see an attorney. Take all SSA documentation with them, and do it legally. It shouldn't cost much.

Answer 4

first of all you need to get your looser sister and boyfriend out of the house before they drain her dry. then you need to have her declared incompentent. contact a lawyer and he will walk you through the steps, i dont believe its to hard of a thing to do, my father was power of attorney over his mother and there was no problem with it.