Thank goodness for POA
I know there are many discussions here about POA, when to evoke etc.
My brother is Dad's POA. Dad is still "competent". But it was activated 4 years ago, to deal with Dad's taxes as he had not done them for many years.
We have since found out Dad was not paying the property taxes either. ARRGGHHH!
Today my brother asked Dad to sign the paperwork to allow us to get a new septic system installed. Our situation is complicated, the property is in a Trust, Dad is Trustee yadda yadda.
Apparently Dad lost control, my son was there to witness, he was wailing and inconsolable. It frightened my son and he did not know until an hour later what triggered Dad. My brother has been a bit in denial about Dad's capacity. Dad's hoarding has ramped up exponentially. He listened to End of Days pod casts and subscribes to numerous conspiracy theories.
Dad does not want to spend money on the septic system, he wants to spend it hoarding more food.
My brother has signed the paperwork as POA so we can move forward.
2 Comments
Popular Questions
Related Questions
- My mother already lost her memory quickly and she has no will. No estate planning, no power of attorney. Nothing. What do I do?
- Who else is having issues with power of attorney being invoked while your parent is still mentally competent?
- How do we handle the excessive online purchasing while MIL is still in the early stages of Alzheimer’s?
- How to declare elderly 93 abusive parent incompetent?
If he's completely incompetent, then yes, it's as Alva Deer says -- you may have to get guardianship of your dad.
You must be "Trustee of Trust".
If your father is incompetent he can no longer make you Trustee of Trust.
You should, however, be able to get guardianship quite easily if your father is diagnosed, and that would allow you to act, I believe, on getting repairs to property that must be done.
I was made both Trustee of Trust and POA for my brother but he was competent to act, and his lawyer still warned him "Are you certain you wish to make your Sister the Trustee of your Trust, because she now has the power to sell the gold out of your teeth.
Attend an elder law attorney with all paperwork, rather have your BROTHER do this. This is paid for by your father's funds as it is in his interest. Find out how to proceed legally and don't make a move until you are able.
Many hoarded homes are a total loss. Their floors and ceilings, electrical and plumbing makes the home fit only for demolishing. If the septic is not at a crucial state it may be best to simply leave well enough alone.
I wish you best of luck. This, with all the fiduciary responsibility, all the record keeping, can be somewhat a nightmare at BEST, and at worst I would never attempt it.