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My ex-husband's niece says she has a power of attorney, our children have ask to see the document. She is telling us that her attorney said she dosen't have to produce this document. Is this true and how do they make her show them?
Whether a POA has to be filed depends on state law. I'm DPOA, etc for my mom in Texas & in TX does not have to be filed so therefore is not a public document. I do not have to show it to or give a copy to anyone unless there is a required financial, medical or other fiduciary duty involved, like at a bank, hospital, doctor's office. If my cousin Tiffany wants me to prove it, I am under no obligation to do so. I can if I choose to and at my leisure but I do not have to. There is a reason why a person was chosen as DPOA and until and unless that changes, that's that. Keep in mind, that if the elder changes the DPOA and if at the time, they are under duress (like in the hospital) or have had any diagnosis that affects cognitive abilities (like they are in a NH or have on their medical chart any dementia), then the new DPOA will probably be viewed as either invalid or a coerced document and you can find yourself in a packet of trouble for enabling this.
Now if you have a reasonable case of serious financial or medical fraud by the DPOA, then you can ask adult protective services to open a case. But if at the heart of this it's all about interfamily fighting and sibling rivalry then whomever was named DPOA originally is going to be the favored party legally if they are doing the best they can and it all is fairly reasonable for how Dad is being cared for.
If she truly has a power of attorney for ???? there is no reason for her to hide it. sounds as if you have some sibling rivalry going on. If this involves family and she holds a POA over one of your parents to do things on their behalf and you disagree with it; you could call her lawyers office and ask them. It is a matter of public record. This way you would know whether or not she is pulling your bluff.
In my experience, yes she does. I cannot see an attorney saying this. If you go to a bank, they ask to see it and will not allow you to do anything for the person you have POA for without having a copy. The same for a doctor or hospital. I have had POA(medical and durable) for my aunt and my mom, and I have never been told this. In fact I showed my power of attorney at my mom's bank so I could take care of a withdrawal she needed and I had to call the attorney because they were still going to refuse. My POA here in Texas must be accepted or the bank can face penalties for refusing to honor it. If you choose to invoke the power of attorney you must be able to show a signed, notarized copy of it. In some states, like Colorado it must be filed with the state for some places to consider it valid. Some lawyers will not file with the state, which even in states that don't require this, I believe is a mistake because I didn't get a copy of it when it was done on my dad and the lawyer misfiled it and I had to get Dad to do it again. If you file it with the state you can purchase a copy for a fee if your copy is lost. Your ex-husband can also revoke this POA and give it to his child if he so desires.
Unless there is a POA on file with the local county clerk's office, there would be no way to tell for certain she has one without offering the original or at least a copy. In my own experience, my husband and I both have POA for his mother and I carry the original in an envelope in my purse and an extra in case someone wants to see it.....i.e. bank. And I usually then tell them that is their copy to keep on file. I assume this niece is saying she has POA over your ex-husband or a grandparent? Can your children just ask their father? I doubt that this niece's attorney would tell you anything since it doesn't concern any work they are doing for you. If you feel this niece might make problems for the person, then it's time to start asking questions.
You can find out if she has POA from the lawyer but you cannot see it, at least in my State. If your loved one is in the hospital they will only talk to the person who has POA about medical issues also unless you give permission so you could tell in a situation like that. Maybe you could call the local hospital medical records dept and ask if one is on file without seeing it. I carry a copy in my pocketbook in case I need to sign something or if my Mother goes into a hospital. I also sent copies to all the local hospitals to keep on file that she may go to in an emergency. I do have sibling rilvary and some only want to see it to disect it and cause trouble. Good Luck.
When my sister, POA for my mother, had my the electricity in my mom's house transferred back into my mothers name the electric company filed a copy of the POA. We were able to get a copy from them, as it was then a matter of public record.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Now if you have a reasonable case of serious financial or medical fraud by the DPOA, then you can ask adult protective services to open a case. But if at the heart of this it's all about interfamily fighting and sibling rivalry then whomever was named DPOA originally is going to be the favored party legally if they are doing the best they can and it all is fairly reasonable for how Dad is being cared for.
My POA here in Texas must be accepted or the bank can face penalties for refusing to honor it. If you choose to invoke the power of attorney you must be able to show a signed, notarized copy of it. In some states, like Colorado it must
be filed with the state for some places to consider it valid. Some lawyers will not file with the state, which even in states that don't require this, I believe is a mistake because I didn't get a copy of it when it was done on my dad and the lawyer misfiled it and I had to get Dad to do it again. If you file it with the state you can purchase a copy for a fee if your copy is lost.
Your ex-husband can also revoke this POA and give it to his child if he so desires.