Anonymous
Anonymous asked in Business & FinanceInsurance · 1 decade ago

Guardianship/Power of Attorney?

A few months ago my Grandmother and I put our Grandpa into a nursing home, then got our cousin to get a Power of Attorney. It's in my Grandmother's name, but she died a few months (maybe 2 months after getting it.) I had to move out all the way down to Melbourne, FL. Away from PCB, and my Grandpa. Today, we tried to do a Power of Attorney (I got my two friends, and a notary to go up to the nursing home, and I was on the line at all times.) The nurses told them that my Grandfather isn't able, even though he knows what it is! Right now, financially I'm not gonna make it with food, or anything.

My money is in his, and my Grandmothers( deceased) bank. The bank won't allow me to use the card, or anything. I was wondering if there's a ways to help me on this. I have 2 things I need answers,mostly.

1, Should I keep trying the PoA, but this time do it over the phone, in a Attorney Office - and do a conversation of the whole document over the phone (would it be easier?)

2, File for Emergency-Guardianship/Regular Guardianship (would rather have Emergency Guardianship to get my money, and get my OWN bank account.) - (I read online, that Many states also have laws that allow temporary and emergency guardians in the event of a medical or financial emergency. I don't know what it means, but I hope it means something good for us.)

So, please get back to me ASAP. I really need help.

Update:

Btw, for one of the comments.

It is MY money. It's MY check, going into THEIR bank account. I messed up big time by jointing it, and the bank LOST my papers for the signature(I already contacted business people about that matter, and they're investigating it). It has my check, and my Grandfather's going in there (which that one goes straight to the nursing home).

5 Answers

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  • Anonymous
    1 decade ago
    Best Answer

    If he is mentally competent then a power of attorney will work.

  • Anonymous
    1 decade ago

    (1) You cannot get a POA unless the witnesses (generically a lawyer) believe the person (your grandfather) is mentally able to consent.

    (2) For both (1) & (2) you would be advised to go back to the lawyer who wrote the first POA and get his or her help. Guardianship's can be complicated and expensive if you don't go about it correctly. It also depends on the mental state of your Grandfather.

    Important side note: A general POA will not give you easy access to his bank account. You usually must have Guardianship and/or a specific financial power of attorney at the bank (and each other financial institution separately). This (fPOA at the bank) usually requires both of you to be physically at the bank when executed. Finanicial institutions have many complex rules for fiduciary duty -- they get very, very picky about what documents, signed when, and by whom give a non-owner the right to access an account.

    As you are no doubt discovering, you really need to know all the rules up front and ahead of time or you run into all kinds of complications. If you had asked me before your Grandmother died, I would have told you to add you as a signor on the bank acounts (with financial POA). With your grandmother alive and able to consent, life would be much easier now.

    The bottom line is that your biggest asset to the quickest, best solution is a lawyer who knows the law in this area and knows you, your grandmother, and/or your grandfather. Assuming you are the uncontested guardian of your grandfathers well being, you will be okay, but it isn't likely to be easy without you in the same county.

  • Susan
    Lv 4
    4 years ago

    I think this is an interesting question. Currently, adoption is portrayed to children in care other than adoption as the only way to make you part of a family; to give a child that sense of belonging. If children were able to understand they could still have their 'forever family' without needing to lose their identity, contact with first family etc, I believe most would opt for that option once all the emotion had been talked through. I am not sure Guardianship is the only way either though. I know in some places a Guardianship order would not be favoured by PAP's as this sort of order means the mother/parents of the child gets to make fairly important decisions in the child's life such as input as to what school they go to etc. I can see this being a problem point and it opens the floor for many days in court trying to resolve things. I do see the strong need for a Permanent Care order being brought in; one that gives stability to a child's life whilst giving the child unlimited access to his/her first family (if it is the wishes of the child otherwise a plan needs to be put in place with infants etc) and access to all their original paperwork and ONE birth certificate. I do not think adoption is good enough for any child as it has way too many flaws but as someone once mentioned in another answer, the powers that be need to use their imagination to come up with something that offers children who NEED to be in care the best of both worlds.

  • Bill
    Lv 7
    1 decade ago

    If your grandfather cannot sign the form there's not much you can do to obtain POA. You need to contact a lawyer that specializes in elder care and find out what you need to do asap.

    Does your grandfather have any other family besides you?

    This is IMPORTANT -- does he have a will??? If not you should see about getting him one quick otherwise if he passes away the state will step in and it will take a long time before you can get at any of the money.

    Hopefully the lawyer can help you with that also.

    If I'm reading this correctly you're not really looking after your grandfather - you just want your money!

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  • 1 decade ago

    If it's in their bank account, then it's THEIR money.

    If you go through court, and get guardianship of grandpa, the way you use the money is subject to court supervision - if you use ANY of the money for yourself, then you can go to jail. Because legally, it's not YOUR money.

    You probably need to call an attorney for a free consult. And dig out the paper that shows the money in Gramps account is YOURS. You're going to have to PROVE it.

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