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Roxibo Asked October 2016

Two different people have POA of my aunt and they don't seem to get along.

My aunt has early Alzheimer's. One person who is the second POA has taken it upon herself to control medical AND finances. The FIRST listed POA is just standing back and letting it happen. They are throwing gossip at each other and fighting over who is in charge, fighting over who drained my aunt's bank accounts. Whether or not my aunt is really competent or not. It's a mess. I don't know who to tell that this is going on. Or should I? I'm worried my aunt is being treated unfairly and bullied.

EXPERT Carol Bradley Bursack, CDSGF Oct 2016
Roxibo, please read dcoach's answer. It's perfect.
Good luck with this.
Carol

dcoach Oct 2016
So your aunt appointed someone to serve as her POA and then a second person who could serve if the first resigns his/her position OR she appointed two people to serve as her POA? In the first case, the person in the second position should not have any legal authority to act. In the second case it would depend on the wording of the POA (if they were listed as Person 1 and Person 2 OR Person 1 or Person 2). If your aunt is legally competent then the POA only has authority if she granted it to them.

Do you know which attorney drew up the POA documents? If so, you could contact that person. He or she would likely not be able to speak with you about the matter but could listen to your concerns and follow-up about them.

Speaking with an Elder Law attorney could be a good step. It sounds like all of the facts are not known so perhaps caution is appropriate as you address this issue.

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jbclync Oct 2016
Call a lawyer to file criminal charges against them as draining her bank account for personal reasons is a criminal charge. The lawyer should also be able to help you remove them from the positions that they hold. Any assistance that she may be getting from the state that you live in will be denied if there is not an accounting of her finances from the last 3 to 5 years depending on where you live. Go now as it will only get worse.

WinbladLaw Oct 2016
Roxibo:
I'm sorry your aunt is going through this and you are an unwilling spectator. For the rest of us it is a cautionary tale and a situation to avoid.
If your aunt has sufficient competency she can revoke the POA that is causing the conflict. However, a POA is sort of like an embarrassing photograph, even if the original is destroyed copies that cause trouble may still be around. Your state may have an Adult Protective Services unit that can be consulted if financial abuse is suspected.

Llamalover47 Oct 2016
Why on earth did your aunt appoint 2 POA's? Didn't she realize that they were going to have differing opinions on her care or was she already too ill with Alzheimer's?

Reno55 Oct 2016
Consult an attorney. A lesson here is to not put two people in charge. Also, it is not unheard of for a person to intentionally leave a mess for the family to suffer turmoil. It's called payback!

JoAnn29 Oct 2016
My Moms health POA has my daughter as secondary if I'm not available.

ruthieruth Oct 2016
the only thing I would add to Dcoach's answer is to give adult protective services a heads up.

concerned4mom Oct 2016
I am not sure why you are so concerned. You seem to be a busy body that collects information and maybe uses it to your advantage for some ungodly reason. You should mind your own business and stay out of it and let it rest in God's hands. Amen

Roxibo Oct 2016
Dcoach the POA states SECOND if FIRST can not be reached. Thank you ALL for your answers. I was looking for info and got it. @concerned4mom im concerned because i love my aunt, but thanks for the jab, my question mustve hit a nerve.

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