Question about power of attorney

[Rookie]

Does power of attorney allow someone (daughter) to override someone else's (mother) decision?

 

[Creedmoor]

What does the Power of attorney cover?

 

[Ingomike]

Not enough info. Is mother wife? What kind of POA?

 

[Rookie]

Not sure. Broad strokes story...
The mother wanted to hire me to do some work. The daughter called back and said she has power of attorney and I'm not to do the work. I'm just curious what type of power of attorney allows a person to override someone who seems to be in their right mind.

 

[Ingomike]

Not sure. Broad strokes story...
The mother wanted to hire me to do some work. The daughter called back and said she has power of attorney and I'm not to do the work. I'm just curious what type of power of attorney allows a person to override someone who seems to be in their right mind.

Sounds like a stay away deal to me, you may never get paid…

 

[Creedmoor]

Not sure. Broad strokes story...
The mother wanted to hire me to do some work. The daughter called back and said she has power of attorney and I'm not to do the work. I'm just curious what type of power of attorney allows a person to override someone who seems to be in their right mind.

If daughter has power of Attorney over moms financial, I would suggest not doing the work.

 

[Rookie]

If daughter has power of Attorney over moms financial, I would suggest not doing the work.

Believe me, I'm not doing it. She wants to get more estimates, but she's going to find out that I am a lot cheaper than anyone else. She doesn't realize that the senior discount I gave to her sweet mom doesn't apply to her. So, either way, I'm not doing the job.

 

[KokomoDave]

Especially around Omokok!

 

[bwframe]

Sounds to me like a cash in advance job?

 

[BehindBlueI's]

Definitely not an expert, but if mom is in her right mind she can revoke a PoA at any time. If she is present, her wishes override those of her agent. If she's not in her right mind, the PoA is nullified unless it's "durable."

Curious if elder financial abuse is potentially in play, here.

 

[Mij]

Yep, as someone that has durable/reciprical POA’s (my wife and I) make any and all contracts with the principle payee.

To guard yourself ask the POA for a copy of said POA. Not hard to make a copy. Ask your attorney to look it over. Ask what county it is documented in.

All POA’s have their limitations spelled out in black and white. It’s a contract, it will/must have a beginning and end date. And specificities.

POA’s end with the death of the person that it is for.

IANAL, but been through my grandparents, parents, brothers, deaths. This came up in court cases every time.

You can ask Attorneys on this site for opinions, but I can almost assure you, you won’t get legal advice. They are bound by Canons of Conduct. Models of conduct, and Code of Professional Conduct.

Best advice is to contact a lawyer before engaging in any action that may cost you or yours money. JMO

 

[yeahbaby]

Believe me, I'm not doing it. She wants to get more estimates, but she's going to find out that I am a lot cheaper than anyone else. She doesn't realize that the senior discount I gave to her sweet mom doesn't apply to her. So, either way, I'm not doing the job.

Good call.

 

[HoughMade]

Answer to original question- it depends.

Best advice you will get:

Sounds like a stay away deal to me, you may never get paid…

 

[Rookie]

What does it depend on? I already let the mom know that I can't help her until she straightens things out, but I'm curious.

 

[edporch]

Does power of attorney allow someone (daughter) to override someone else's (mother) decision?

I'm not a lawyer, but the POA's I've been involved with concerning my late parents, the POA's said what things I had authority over.

I KNOW I'd be very careful about giving somebody a blanket POA over all of MY affairs.

 

[HoughMade]

What does it depend on? I already let the mom know that I can't help her until she straightens things out, but I'm curious.

Any Power of Attorney document can state conditions. The attorney in fact (one who acts for another) may have unlimited power, or the power may be limited. Pretty much any limitation is allowed. Further, while the person who gives the POA must be competent when it is given, "seems alright to me" isn't a competence determination. She may or may not be competent. If she isn't, only the attorney's power to act is valid. If she is still competent and there is no applicable limit to the attorney's powers, then both could bind the principal- that is- both can exercise full powers validly that people they deal with are allowed to rely upon. Keep in mind that even with unlimited power from the POA, the attorney always has the duty to act in the best interests of the principal (not their own interest). One could enter a contract with the principal and the contract could be terminated by the attorney, but standard contractual law would apply as if the same party both contracted and terminated. One's power, principal vs. attorney, does not trump the other's unless the POA says it does or unless the POA is revoked by the principal which, generally, has to be in writing.

 

[Lpherr]

I always avoid situations with conflicting information. When a flag is raised, I walk away. It is guaranteed to cost less.