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My brother (first born) gave my sister (younger than me) POA leaving me third in linr with no authority. Can they change POA and leave me out without my consent?
Your brother, for himself, can assign anyone he wants to be his POA.
Now if brother has POA for a parent, he has no legal right to assign someone else to replace him or add or subtract someone. It has to be written if he needs to step down or dies there is an alternate assigned by the parent. If this is how it reads, a lawyer may be needed to revoke the main POA and invoke the new one.
Only the person who made the assignment can change the POA. If they have been declared incompetent, then changes to the POA cannot be made.
Usually, there is only one POA who is financial and Medical. It does not really work if there are separate people for financial and Medical. The lines between the two become blurred with who is responsible for what. There are immediate POAs that are invoked when the principle signs the paperwork. IMO, as long as the principle is competent to make decisions, the POA is not incharge yet. It really allivates the need for a doctor or doctors to declair the person incompetent to make informed decisions. That type of POA is called Springing. Its not invoked until a person is deemed incompetent.
When there is one person assigned, thst person cannot discuss financials or medical with anyone, even siblings. Their responsibilty is to the principle to keep finances private. When medical is involved, its to make sure the principles wishes are carried out. Or to make a decision not covered in the POA.
Your parent decides who shall be his/her POA. Birth order doesn't matter. It doesn't even have to be a family member. I was POA for both my Mother and my Father, and I was the youngest.
The POA is assigned by the person who asking their child to be POA. For instance, if you are speaking of your mother or your father, then it is that mother or that father who appoints the POA. He/she should NOT appoint according to birth order or age. He/she should appoint according to who is best able to UNDERSTAND the LEGAL Fiduciary responsibilities of being a POA, and who is best at managing finances and who is best at keeping careful meticulous records.
WHOMEVER this appointee is, they function for the parent as the parent requests so long as the parent is mentally competent. If the parent has dementia then the POA functions as HE OR SHE believes is BEST in the interests of the parent. The POA NEVER Discusses with siblings and friends anything he/she is doing as POA unless the parent appointing gives permission, or unless there is a NEED. This is not a voting process.
There is a first. That is the choice. A second is the next most competent person to serve as POA. The third is the third most competent and etc.
This I NOT a popularity contest. This is about who would be best in this position. And in order to appoint anyone, the principle, in my example the parent, must be fully competent to assign this legal responsibility.
I think you do not fully understand what a POA is, how he/she acts, what privacy concerns there are, what records must be kept, and how she/he is appointed. Please do some internet research to inform yourself or buy a good book on how to be a Power of Attorney.
Yes, he can leave you out and you have no power to change this.
The more PoAs there are assigned to 1 individual, the more cumbersome and complicated making decisions and taking actions become.
Only your brother can change his PoA choices while he is still mentally competent. He probably chose your younger sister for a good reason after he gave it a lot of thought.
Don't be insulted by it. Learn more about what a PoA is and does. Not sure how old you are but hoping you have a legally assigned PoA for yourself.
I'm not sure I'm clear on what exactly you're asking, but your brother can designate anyone he wants to be his POA's and it has nothing to do with birth order, but who is best and most qualified to do the job.
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.
Your brother, for himself, can assign anyone he wants to be his POA.
Now if brother has POA for a parent, he has no legal right to assign someone else to replace him or add or subtract someone. It has to be written if he needs to step down or dies there is an alternate assigned by the parent. If this is how it reads, a lawyer may be needed to revoke the main POA and invoke the new one.
Only the person who made the assignment can change the POA. If they have been declared incompetent, then changes to the POA cannot be made.
Usually, there is only one POA who is financial and Medical. It does not really work if there are separate people for financial and Medical. The lines between the two become blurred with who is responsible for what. There are immediate POAs that are invoked when the principle signs the paperwork. IMO, as long as the principle is competent to make decisions, the POA is not incharge yet. It really allivates the need for a doctor or doctors to declair the person incompetent to make informed decisions. That type of POA is called Springing. Its not invoked until a person is deemed incompetent.
When there is one person assigned, thst person cannot discuss financials or medical with anyone, even siblings. Their responsibilty is to the principle to keep finances private. When medical is involved, its to make sure the principles wishes are carried out. Or to make a decision not covered in the POA.
I was POA for both my Mother and my Father, and I was the youngest.
For instance, if you are speaking of your mother or your father, then it is that mother or that father who appoints the POA.
He/she should NOT appoint according to birth order or age.
He/she should appoint according to who is best able to UNDERSTAND the LEGAL Fiduciary responsibilities of being a POA, and who is best at managing finances and who is best at keeping careful meticulous records.
WHOMEVER this appointee is, they function for the parent as the parent requests so long as the parent is mentally competent.
If the parent has dementia then the POA functions as HE OR SHE believes is BEST in the interests of the parent.
The POA NEVER Discusses with siblings and friends anything he/she is doing as POA unless the parent appointing gives permission, or unless there is a NEED.
This is not a voting process.
There is a first. That is the choice. A second is the next most competent person to serve as POA. The third is the third most competent and etc.
This I NOT a popularity contest. This is about who would be best in this position. And in order to appoint anyone, the principle, in my example the parent, must be fully competent to assign this legal responsibility.
I think you do not fully understand what a POA is, how he/she acts, what privacy concerns there are, what records must be kept, and how she/he is appointed. Please do some internet research to inform yourself or buy a good book on how to be a Power of Attorney.
The more PoAs there are assigned to 1 individual, the more cumbersome and complicated making decisions and taking actions become.
Only your brother can change his PoA choices while he is still mentally competent.
He probably chose your younger sister for a good reason after he gave it a lot of thought.
Don't be insulted by it. Learn more about what a PoA is and does. Not sure how old you are but hoping you have a legally assigned PoA for yourself.