Power Of Attorney Responsibilities

Summary

A Power of Attorney (POA) can make financial and healthcare decisions for someone who is incapacitated. In New Mexico, a POA is not required to report to family members, but concerns about estate management can be addressed by consulting an elder law attorney. There are two types of POAs: standard, which becomes void if the person becomes incapacitated, and durable, which remains effective even if the person becomes incapacitated. If you suspect misuse of a POA, you can report it to Adult Protective Services or seek legal advice.

Full Conversation

Might sound dumb but really I’dlike to know what a person who has taken over my brothers affairs since he was diagnosed with Alzheimer’s. Thankyou so much
Hello Michael, the person who has taken over your brother's affairs is likely a legal guardian, or possibly a power of attorney. Their responsibilities may include:
- Making healthcare decisions
- Managing finances and property
- Ensuring your brother's welfare and safety
Could you please confirm your location so I can provide more specific information?
YES that’s it! Power of Attorney.
Great, Michael! As it pertains to a Power of Attorney, responsibilities generally include:
- Making financial decisions
- Making healthcare decisions
- Managing real estate and other property
To clarify further, could you please share your location?
im trying to research this in terms of what is involved in that, are reports ever done to family etc
In many jurisdictions, a Power of Attorney (POA) does not have a legal duty to make reports to family members. However, it's good practice to keep interested parties informed. Could you please share your location so I can provide more accurate information?
Sure, I and my brother live in an AssistedLiving in NewMexico and his POW lives in Colorado
In New Mexico, a POA generally doesn't have to report to family members. However, if there's suspicion of abuse or exploitation, you can report it to Adult Protective Services. In Colorado, the laws may be different.
Can’t read your last sentence Cold u test?
In New Mexico, a Power of Attorney (POA) isn't typically required to report to family. However, if you suspect exploitation, you can contact Adult Protective Services. Colorado's rules may vary.
You’ve given me something to go on thank you so much for your time! But one other thing. Does the POA ever come up for renewal?
A Power of Attorney (POA) doesn't typically "expire" unless it's specifically stated in the document. However, if the person granting the POA becomes incapacitated, a standard POA becomes void. In such situations, a durable POA is needed.
Darn again I can’t get get your final sentence
A Power of Attorney doesn't usually "expire" unless stated in the document. A standard POA becomes void if the person becomes incapacitated. A Durable POA is needed for such cases.
Ah ha so there are two type; standard and durable
Yes, Michael. There are indeed two types:
*. Standard Power of Attorney: Effective until the person becomes incapacitated.
*. Durable Power of Attorney: Remains effective even if the person becomes incapacitated.
Remember, laws may differ between states.
Will I’d now like 75per cent gone…
Hi Michael, could you please clarify what you mean by "* per cent gone"? Are you referring to your brother's estate, a specific asset, or something else?
Referring to his rather modest estate which the POW has already almost fully invested in precious medals
If you're concerned about how the Power of Attorney is managing your brother's estate, you may want to consult with an elder law attorney. They can guide you on potential next steps. Would you like to know how to find one in New Mexico?
Love too and it seems this might get sticky
In New Mexico, you can consult with an elder law attorney via the State Bar's referral service. They can guide you on challenging the actions of a Power of Attorney if necessary.
Ah sage advice. I’m grateful. You’ve taught me a lot. Wishing you the happiest of holidays…
Thank you, Michael. I'm glad I could help. Wishing you and your brother the happiest of holidays as well. Don't hesitate to reach out if you have more questions in the future.
Farewell.
Thank you, Michael. I'm glad I could be of help. Don't hesitate to reach out if you need more information in the future. Goodbye and take care!
K
Thank you, Michael. If you have any more questions in the future or need further clarification, don't hesitate to contact us. Take care!