Durable Poa Misuse Concerns

Summary

In Mississippi, a durable Power of Attorney remains valid even if the principal becomes incapacitated, provided it was executed when the principal was competent. Concerns about a PoA holder misleading the principal or not honoring their wishes could indicate a breach of fiduciary duty. Legal advice may be necessary to address these issues, especially if the principals end-of-life wishes are not being respected. Consider consulting with a local attorney to explore your options.

Full Conversation

in the state of mississippi, is it nessesary for a person to be deemed mentally unfit to take care of themselves before a durable PoA would be legal to use?
Hi ****! In Mississippi, a durable Power of Attorney (PoA) remains effective even if the principal becomes mentally incapacitated. It does not require the person to be deemed mentally unfit before it can be used, as long as it was properly executed when the person had the capacity to do so.
Is there a particular situation involving the PoA that you need more information about?
yeah. it's all in the file I uploaded.
It looks like there are concerns regarding the validity and execution of the PoA for Mrs. Chambers, and the handling of her care as detailed in the document.
Here are some potential issues that could be explored further:
*. Execution of PoA: Whether Mrs. Chambers was in sound mind when she allegedly signed the PoA, and whether it was properly notarized.
*. Possession of Documents: Why Mrs. Chambers does not have a copy of the PoA if it was properly executed.
*. Actions of the PoA Holder: The behavior and decisions made by the PoA holder, including handling of Mrs. Chambers' care and property.
Would you like to discuss these issues with a local attorney who can provide detailed advice and potentially assist with your case? If so, I can help connect you with one.
how about the fact that her desire to die at home and NOT in a nursing home. the fact that the PoA lied to her in order to get her to leave her home.
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Would you like to be connected to local lawyers who can better assist you with your case?
are you not able to answer my question? Is there no law prohibiting a PoA from misleading the principle and deny the principle the right to her dying wishes?
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In the District of Columbia, a fiduciary duty binds the person holding a PoA to act in the best interests of the principal. If the PoA holder misleads the principal or does not honor their wishes, they may be in breach of this duty and potentially liable for their actions.
Would you like to be connected to local lawyers who can better assist you with your case?
Yeah but I can't give a lawyer a retainer.
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I understand the concern about your ability to provide a retainer. Many lawyers offer initial consultations for free or might be willing to work on a contingency basis, depending on the case.
Would you like me to connect you with local lawyers who can further assist you with your case? If so, please provide the following information:
*. What is your phone number?
*. What is your zipcode?
*. Can you provide a bit more information about the issue?
Your name is ****, right?
*-*-*, *, it's in the file I up loaded. Mrs. Chambers "pud" we called her, agreed to go to "respite" care because melissa told her it would be ok. melissa intentionally lied to Pud because she knew it was the only way pud would leave the house. Mrs. Chamber DID NOT, under ANY CIRCUMSTANCES, want to be placed in a nursing home and she DID NOT want to die in one. Melissa was well aware of this, expressed her distain for the idea of placing pud in a rest home to me the day melissa came to me crying and literally begging me to come back home and take care of "her mother". Pud was her grandmother but that's beside the point. Pud trusted melissa years ago when the durable PoA of health concerns was initially signed.
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This situation involves potential breach of fiduciary duty by the PoA holder, Melissa, who allegedly misled Mrs. Chambers about her care arrangements, which could be a significant legal issue.
Would you like to be connected to local lawyers who can better assist you with your case? If so, I will need to collect some information.
Can you provide your name for the record?
since that time Melissa had proven herself to be a shady character and Pud no longer trusted her. I might still have the recording I got from the night before we last saw pud. She can clearly be heard expressing her desire to fire Melissa as PoA. David asked her specifically if she wanted to go to a rest home and pud said NO,
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This case involves a potential breach of fiduciary duty, which is a significant legal issue. Would you like to be connected to local lawyers who can better assist you with your case? If so, please provide the following information:
*. What is your name?
*. What is your email address? (optional)
I probably still have a copy of the letter I sent to the CEO of the nursing home complany detailing what I just explained and requested that Pud be returned home immediately. but that didn't happen
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****, having a copy of that letter can be valuable evidence. It would be best to share this with your attorney to strengthen your case. Would you like me to gather more information to connect you with a lawyer who can assist you?
i'm sure one will contact me soon enough
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It seems like you have a strong case involving potential breach of fiduciary duty by the PoA holder. If you need further assistance or have any additional questions, feel free to reach out. Take care!