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Respected Contributor
Posts: 3,537
Registered: ‎03-15-2010

Re: Power of Attorney,advance directives etc.

[ Edited ]

Personally,

I do not know if it is worth paying an attorney to get involved with this situation.

Do not sign anything.  I would be THRILLED if some else stepped up to handle dealing with and settling his end of life details.

Let your sister deal with this and all the potential headaches.  It sounds like this is destined for problems. 

Based on your father's history, it would not be surprising to find you only know the "tip of the iceberg"

Honored Contributor
Posts: 41,431
Registered: ‎03-09-2010

Re: Power of Attorney,advance directives etc.

my ex husband recently took my younger daughter with  him to do all of these things. she is going to be the POA for him. not sure why it is "wrong" for a beneficiary to be present at the lawyers office when doing all of this paperwork and a will?

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"The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing." - Albert Einstein
Valued Contributor
Posts: 871
Registered: ‎03-09-2010

Re: Power of Attorney,advance directives etc.

What does one do when one has absolutly not a single soul to designate as POA?  That is the situation I am in and it's very scary as I don't want to become a ward of the state or have to pay a stranger to manage my affairs.  They won't even know what I look like and couldn't care less.  They just pay the bills and that's it.  I don't even have anyone to make decisions for me should I become incapacitated.  If I had a stroke or were unable to speak due to a car accident or something else, there is no one to speak for me so what's a person in that situation to do?  I did speak with an attorney about this and he said that many times the court will appoint someone but,as  stated above, all they will do is pay the bills but will have no interest in me at all.  Being all alone is not a good thing especially when we are on in years.  Those of you who have loved ones to act as POA's are truly blessed.    docsgirl

Honored Contributor
Posts: 18,504
Registered: ‎05-23-2010

Re: Power of Attorney,advance directives etc.

Just from reading the OP, I get the impression that the poster isn't eager to deal with or investigate all the "stuff" she is just learning about that is not all ducks-in-a-row wrapped up. Her sister took the initiative to do this, something the OP was unwilling or dragging her feet to step up and do, and now she's afraid she will be cheated in some way.

 

It's a bit late to complain, IMO. The OP could have been the first to consult an attorney. If she had been, would she have freely kept her half sister fully informed, since the atty was on her dime? If one doesn't step up and take action, one gets the leftovers.

 

Seems like she will have to consult an atty at this point, if she wants to insure she is not shut out. I don't blame the half-sister for taking action and doing her own thing, as there is no closeness between the siblings. IMO the OP should have looked out for herself before now.

Life without Mexican food is no life at all
Respected Contributor
Posts: 2,955
Registered: ‎08-13-2010

Re: Power of Attorney,advance directives etc.

If her Dad has slight not sound of mind (demitra spell?) could someone dispute this if he signs anything?  Hope you & your sister can reach an agreement & figure it all out equally. Seems step sister wants to take control which may lead into problems unless all agree to this. Wish your family the best &  hope all just find a solution to this that all of you agree with. 

Respected Contributor
Posts: 4,191
Registered: ‎03-09-2010

Re: Power of Attorney,advance directives etc.

Real simple. YOU get an attorney - a must!!!!

Esteemed Contributor
Posts: 5,660
Registered: ‎03-09-2010

Re: Power of Attorney,advance directives etc.

Assuming your father is mentally competent it is up to him to choose who to give POA to not your sister or a lawyer.  Has he signed these documents or are these just in draft form as done by the attorney?  If they are not signed then he will need to sign them and have his signature notarized. You and your sister and the lawyer need to be present when he signs so that you can be assured that he understands what he is doing. Also, please remember that the POA is only valid and in force while your father is living.  Should he die that document is null and void and then the terms of the will take over.  Again your father wishes are what counts and any discussion of the distribution of whatever assets he has and who he wants to be named as executor of his estate needs to be done in the presence of you, your sister and the lawyer.

Regular Contributor
Posts: 229
Registered: ‎05-28-2012

Re: Power of Attorney,advance directives etc.


@Winifred wrote:

Real simple. YOU get an attorney - a must!!!!


 

Oh yes I agree!