Power Of Attorney Obligations

Summary

As a Power of Attorney (POA) in Georgia, you are not legally obligated to show your POA to family members unless ordered by a court. Family members can challenge your POA if they suspect misconduct, but they must file a lawsuit in Georgia. You are not required to maintain communication with family members, but limiting communication should be in the best interest of the principal. Accurate record-keeping is crucial, and failure to do so can lead to legal issues. Selling assets without authorization can result in legal consequences. APS can investigate complaints, but typically requires a court order to access financial and medical records without consent. False reports to APS can lead to legal penalties.

Full Conversation

If i do have a poa over a parent, can their sibling do anything to me?
In Georgia, a sibling cannot typically override or challenge your Power of Attorney (POA) unless:
- They believe you are not acting in the best interest of your parent.
- They suspect abuse of the POA.
- The POA document is invalid.
In such cases, they might take legal action to contest the POA.
What if the sibling lives in another state
If the sibling resides in another state, they can still challenge your POA. They would do this by filing a lawsuit in Georgia, where you and the parent reside. It's advisable to consult a lawyer if this occurs.
SO they would have to handle everything where the parent resides, meaning going to court if so and all?
Yes, if a lawsuit is filed, it's typically handled in the state where the parent resides. This means the sibling would have to travel to Georgia for court proceedings. Legal representation for such a process is recommended.
So with anything, any family member whether it be a sibling, aunt, cousin cannot legally do anything to me without a court?
That's correct. In Georgia, family members cannot legally intervene or challenge your POA unless they suspect misconduct or abuse of the POA and decide to take legal action. If they do, they'd have to file a lawsuit in Georgia, where the proceedings would take place.
What if i feel people did not care about my parent after their health problem which caused a need for POA and i no longer want to communicate with them?
In Georgia, you're not legally obligated to maintain communication with family members, even if you're acting as a POA. However, this could lead to misunderstandings or disputes. It's advised to consider seeking a mediator or counselor to help manage these family dynamics.
So even if i ignore them being poa over parent and i dont want parent communicating with them while in my care, they cant do anything to me or cause a charge against me?
As a POA in Georgia, you have the right to limit communication if it's in the best interest of the parent. However, if family members believe you're isolating the parent or causing harm, they might take legal action. Always prioritize the parent's well-being.
Yes their are times, the parent doesnt want to talk or call them back. They tend to even act sad sometimes and such when they get off phone convos with them because they havent come to see parent. Parent gets argumentive on phone as well, because noone still hasnt come to see parent and parent fusses on the phone for example
It seems like a tough situation. As the POA, your primary duty is to protect the parent's best interest. If you believe that limiting communication with certain family members is beneficial for the parent's emotional well-being, you may do so. However, it's important to remember that any actions taken must align with the parent's best interests. Would you like to know more about the responsibilities and limitations of a POA?
yes
As a Power of Attorney (POA) in Georgia, your responsibilities include:
- Acting in the principal's (your parent's) best interest.
- Managing their financial affairs.
- Making healthcare decisions.
- Maintaining accurate records.
Limitations include:
- You cannot make decisions after the principal's death.
- You cannot alter the principal's will.
- You cannot act if the POA is revoked.
Would you like more specific information about any of these points?
maintainng accurate recorsd
In Georgia, maintaining accurate records as a POA means:
- Keeping track of all financial transactions
- Documenting all decisions made on behalf of the principal
- Keeping receipts and invoices for expenditures
- Regularly updating the principal on their affairs, if possible
- Ensuring all records are accessible for review if needed.
What do you mean keep track. Isnt a bank account suffienct
While a bank account can provide a record of transactions, it's important to keep detailed records as a POA in Georgia. This includes:
- Documenting the purpose of each transaction.
- Keeping receipts, invoices, and statements.
- Recording any decisions made.
- Updating the principal regularly, if they're capable.
- Ensuring records are ready for review if required.
Ok and if such was not kept up, what does that mean
If you fail to maintain accurate records as a POA in Georgia, it could lead to problems, such as:
- Difficulty in demonstrating the legitimacy of your actions.
- Potential legal issues if there's a dispute.
- Increased likelihood of a court intervening.
- Possible revocation of your POA rights.
OK and after a sale of an asset for example, even if the principle says no i didnt authorize what could happen to me
As a POA in Georgia, if you sell an asset without the principal's authorization:
- You could face legal consequences.
- It may be seen as a breach of fiduciary duty.
- The court could revoke your POA rights.
- You may be held financially responsible for any losses.
But i thought with a poa you can do such said transactions without needing their permission
As a POA in Georgia, you do have the power to conduct transactions, but these must be:
- In the best interest of the principal.
- Align with the terms of the POA document.
- Do not violate the principal's rights or wishes.
Abuse of these powers can lead to legal consequences.
Lots of people have sold their parents assets with dementia etc or ones that have been taking care of their parents
Yes, a POA can sell assets if it's in the best interest of the parent, especially if they're unable to make decisions due to dementia. However, misuse or abuse of POA can lead to legal consequences. Do you have concerns about selling a specific asset?
What are examples of legal consequences
In Georgia, misuse or abuse of a Power of Attorney (POA) can lead to:
- Removal as POA by the court.
- Legal penalties if found guilty of elder abuse.
- Repayment of misappropriated funds.
- Civil litigation or criminal charges.
- Damages awarded to the victim.
What are examples or some things that have happened where someone as poa is charged with criminal charges?
In Georgia, a Power of Attorney (POA) may face criminal charges in situations such as:
- Financial exploitation of the elderly.
- Theft or fraud involving the principal's assets.
- Abuse or neglect of the principal.
- Misappropriation of the principal's assets.
- Falsification of documents or signatures.
What are examples of each
Examples of each situation are:
*. Financial exploitation: Using the principal's money for personal gain without consent.
*. Theft or fraud: Selling the principal's property without their knowledge or consent.
*. Abuse or neglect: Failing to provide necessary care for the principal.
*. Misappropriation of assets: Using the principal's assets for personal benefit without consent.
*. Falsification of documents: Forging the principal's signature on legal documents.
How is selling the property classified as that if i have a poa
As a POA in Georgia, selling property is allowed if it's in the principal's best interest and aligns with the POA document's terms. However, it may be classified as theft or fraud if it's done without consent or for personal gain. Always ensure the sale benefits the principal.
OK then the document allows it though
If the Power of Attorney document in Georgia explicitly permits you to sell the property, you can proceed. However, the sale must be in the principal's best interest, and proceeds should go towards meeting their needs. Misuse could lead to legal consequences.
Legally if i were to put parent in assisted living, can i have authorization that noone can take him out without my consent?
In Georgia, as a Power of Attorney, you can decide on your parent's living arrangements. However, it would likely require specific authorization in the POA or court order to prevent others from removing your parent from assisted living without your consent. Always prioritize your parent's wellbeing.
Can APS repsond to a complaint from a family member if the parent resides in an assited living facility?
In Georgia, Adult Protective Services (APS) can respond to a complaint from a family member if the parent resides in an assisted living facility. They can investigate allegations of abuse, neglect, or exploitation, regardless of the living situation.
Thats not what it says
Can you please clarify what you're referring to? It would help me provide accurate information.
IN georgia it says APS cannot if they reside in a long term care facility
In Georgia, when a complaint about a resident in a long-term care facility (like a nursing home) is received, the Department of Community Health's Healthcare Facility Regulation (HFR), not APS, typically conducts the investigation. Would you like more information on this?
Does a long term care facility mean like an assisted living?
Yes, in Georgia, the term "long-term care facility" typically encompasses various types of residential care settings, including nursing homes and assisted living facilities. The Department of Community Health's Healthcare Facility Regulation would handle complaints for residents in these facilities.
So can anyone report to a HFR or only APS
In Georgia, anyone, including family members, concerned citizens, or APS, can report suspected abuse, neglect, or exploitation in a long-term care facility to the Healthcare Facility Regulation division.
But what would be the report? A family member would just be mad their in their?
In Georgia, a report to the Healthcare Facility Regulation division typically requires evidence of abuse, neglect, or exploitation. A family member being upset about the resident being in the facility wouldn't be sufficient for a complaint unless they can provide evidence of wrongdoing.
So who would they be reporting the facility?
In Georgia, a report to the Healthcare Facility Regulation division would typically involve allegations against the facility or its staff. It could be related to suspected abuse, neglect, exploitation, or substandard care of the resident.
Can anyone report me if i put my parent in assisted living?
In Georgia, anyone can report suspected abuse or neglect to Adult Protective Services (APS) or the Department of Community Health's Healthcare Facility Regulation. However, just placing your parent in assisted living is not a basis for a report, unless there's evidence of abuse, neglect, or exploitation.
If their were a report made to APS, how would they investigate? What rights does APS have?
In Georgia, when APS receives a report:
- They conduct an initial assessment to determine the urgency of the situation.
- If necessary, an investigator will visit the adult to assess their safety.
- APS can collaborate with law enforcement or other agencies if needed.
- APS can provide or arrange for protective services if the adult consents.
- APS can petition the court for intervention if the adult lacks capacity to consent.
Can aps legally get any information or they just check what their living conditions are
In Georgia, APS can legally gather information relevant to the investigation. This includes:
- Interviewing the adult in question.
- Speaking with relevant individuals, like family members or caregivers.
- Reviewing medical, financial, or other records related to the adult's wellbeing.
- Assessing the adult's living conditions.
However, APS must respect the adult's rights and obtain necessary consents or court orders.
So you have to get court orders to obtain finanacial and medical info
Yes, in Georgia, APS would typically need to obtain a court order to access an adult's financial and medical records without their consent. However, they can access these records with the adult's consent or if the adult lacks capacity and no one can provide consent.
Do they just follow up on any report submitted or they have to have evidence before checking out the repor
In Georgia, Adult Protective Services (APS) typically follows up on all reports submitted. They conduct an initial assessment based on the information provided in the report. If the report suggests possible abuse, neglect, or exploitation, they will proceed with an investigation, even if no concrete evidence was submitted with the report.
What if parent has dementia and they lie and say their being abused but their clearly not
In Georgia, if a parent with dementia claims abuse, APS would likely conduct an investigation to ensure safety. They consider various factors, not just the person's statement. If it's determined the claim is due to dementia and no abuse exists, no action should be taken against you.
What happens for false reports
In Georgia, making a false report to Adult Protective Services (APS) can have serious consequences. Those found guilty of knowingly making false allegations may face:
- Legal penalties, including fines or imprisonment.
- Being sued in civil court for damages.
Remember, APS is designed to protect vulnerable adults, and misuse of this service can harm those who truly need it.
What would someone report to APS just because i didnt answer the phone for my parent whom im caring for with poa
The act of not answering the phone for your parent doesn't typically constitute abuse or neglect. However, if this behavior is part of a pattern leading to isolation or harm, it could potentially be reported. In Georgia, APS investigates claims of abuse, neglect, or exploitation.
Can they try to report about selling of a home
In Georgia, anyone can report suspected financial exploitation to APS. However, simply selling a home while acting as a POA doesn't necessarily constitute exploitation. If the sale was in the best interest of the principal and carried out in accordance with the POA document, it should not be an issue.
Who qualifies for APS
In Georgia, Adult Protective Services (APS) typically serves:
- Adults aged * or older who are victims of abuse, neglect or exploitation.
- Disabled adults aged * or older who are subject to abuse, neglect or exploitation.
- Adults in need of protective services and lack the capacity to consent to services.
So disabled adult is someone in a wheelchair
In Georgia, a "disabled adult" refers to anyone aged * or older who has a physical or mental impairment that substantially limits one or more major life activities. This can include individuals who use wheelchairs, as well as those with other physical, mental, or cognitive disabilities.