questions & answers

Question: I feel like my 84 year old mothers boyfriend (he now lives with her) is trying to take over her life. I have Power of Attorney, but he tries to make medical and financial decisions for her. She has changed her health insurance because of him, she doesn't want to be with our father when she passes but cremated and with him. There is much more but I need some advice what to do. In the last few months I have caught him in many lies please help me

Answer:

There are various forms of “Power of Attorney” and each POA can be written to provide a different set of powers to the holder.  A “Durable Health Care” POA, as it indicates, gives control to another, under specified circumstances, over medical and related issues. A General Power of Attorney often gives control over financial matters. Financial POA designations are powerful and complex legal instruments.  All POAs can be written to take effect immediately or upon “incapacity”.  A.R.S. 14-5101The specific powers you hold with respect to your mother depend upon these factors, so, unless your POA is effective now, and your mother is not legally incapacitated, she may make her own decisions.  However, if your POA gives you control of your mother’s finances in the present, neither she nor her boyfriend may use her financial resources without your consent.  More information is contained within this website  and you should obtain direct legal assistance if you are unsure about your status. [REFER TO INTERNAL WEB PAGES  eg http://www.lawforseniors.org/searchresults.cfm?keyword=Power+of+Attorney&x=21&y=7, http://www.lawforseniors.org/viewquestions.cfm?sc=44&mc=8&qid=6800]