When my dad was dying of lung cancer, my stepsister, brother and I were all living in distant states. My stepniece lived in a nearby town. My stepsister, brother and I all went home to help care for him at his home with help from Hospice. My stepniece persuaded dad and us that because she was nearby, it made sense for her to have a POA to pay dad's bills. When the Hospice rep brought the POA, it had no restrictions. Having worked for attorneys, and by then becoming suspicious of my stepniece's motives, I made sure we were all in the room with dad, and I asked him if he wanted her to be able to sell his stuff, transfer his property, etc. He shouted "NO! She's just supposed to pay my bills." My stepniece was furious but helpless as she watched dad cross out and initial all of the abilities except the right to pay his bills.
My stepsister, brother and I all went back to our homes to arrange for more time, planning to go back the following month. Before we could, dad died.
The day he died, my stepniece took that POA which clearly stated that she could do nothing but pay dad's bills, took it to the DMV and transferred his car and truck to his name, took it to the bank and closed his accounts (putting the money in her account, of course), and was getting ready to sign a deed transferring the house to herself.
Mind you, the POA clearly did not give her any of those powers while he was alive, and of course it was invalid the moment he died. No one questioned her POA or noticed the limitations at the DMV or the bank, and I doubt the County Clerk would have questioned the deed if she had had time to record that before my siblings and I got there the day after dad died and discovered what she had done.
The fact is that it is much much much too easy for a POA to be misused by the recipient, and the authorities in charge of transferring personal and real property don't have time and are not required to question or investigate such transfers. |
