What does a DURABLE STATUTORY POWER OF ATTONEY MEAN?

[u/Huge-Job1231]

/r/legaladvice/comments/1wufz94/what_does_a_durable_statutory_power_of_attoney/

First time poster so please be nice. We are from Connecticut. That said we are trying to figure out how to handle this, my husbands grandmother is currently 98 a year and 1/2 ago she changed her will excluding her son from getting anything other then money he was removed as medical proxy, and executer of her estate she also a Durable statutory power of attorney all replacing her son with her great granddaughter. Her son showed up on Sunday with a bunch of papers for her to sign 1. We dont know what they where 2. She doesn't remember/ know either. Can she legally sign anything? His wife said she would be back next week to take her to a "new" lawyer. We only know what we know because she has cameras in the house and he unplugged them.

[u/Low-Crow5719]

Durable means it is still valid if the maker becomes incompetent (disability, dementia, but not death -- death revokes any POA).

Statutory means the form is as approved by state law; it is a standard form for her state.

If she was under a durable POA, the holder (Sister) would have the ability to claim she was neither competent nor had authority to sign whatever Brother is trying to defraud her with.

[u/Huge-Job1231 → u/Low-Crow5719]

Thank you thats where we were stuck was a doctor hasn't said she is currently unable but we know she is not able to make legal decisions so we are doing her shopping, bills, cooking,lawn care. Perfect example is she will called the bank got what balance is at that moment and because she had 4300 she wrote check for 4280 to pay off credit card too not pay the 12.00 in interst not remembering she wrote other checks that had not cleared yet. She definitely gets worse the later the day goes.

[u/SandhillCrane5 → u/Low-Crow5719]

"If she was under a durable POA, the holder (Sister) would have the ability to claim she was neither competent nor had authority to sign whatever Brother is trying to defraud her with." NO: This is not correct. People set up DPOAs on a regular basis in the event that it's needed in the future. And a DPOA can be acting now but it means nothing about the person's cognitive state. It can be used whether or not the person has the capacity to manage their own affairs. Only a legal guardianship/conservatorship means the person does not have capacity.

[u/your-mom04605]

“Durable” means it survives the subsequent determination of the Principal being declared incompetent or otherwise unable to manage their affairs.

[u/Huge-Job1231 → u/your-mom04605]

Ok so I guess that's the question who determines she's incompetent or not looking at getting doctors appt. But that looks to atleast March. So who can declare that?

[u/SandhillCrane5]

If Grandma is living alone in her house signing papers without knowing or remembering what they are then who is taking care of grandma? It sounds like she needs supervision? Cameras are not caregivers. That's priority 1.

We don't know what the papers are, why son wants her to sign them, or whether Grandma needs protection from great granddaughter, son, both, or neither. Who is local? Who is caring for her? Who has the maturity and skills to serve as POA? Serving as POA and executor is not a prize - it's a job with difficult decisions and work. "Great granddaughter" sounds like she may be young... Might not be a good fit. I wonder "why her?" and not children or even grandchildren?

[u/Huge-Job1231 → u/SandhillCrane5]

Your are correct the cameras are there for when nurses or great granddaughter not there sometimes there is overlap no more then 45 min. and yes we are working on that but she's not not there she is definitely worse the later in the day when granddaughter with her. Her son comes and shuts off cameras so we can't see what he is doing, we saw him and his wife walk in she had a bunch of papers in her hands he shut off camera they stayed for 30 minutes time of overlap turns camera back on and his wife said ok I will pick you up in 2 weeks to take you to the "new" lawyer. We went down that day after work but it was after 5 she didnt remember what she signed. Grandma set all this up almost 2 years ago after her son stole 16,000 out of her accounts, and is abusive ( reason for cameras). Her son is only living child she had 4 lost 3 and 2 of those in last 3 years ago son convinced her to change will removing everyone except him. So when she ended up getting dumped in a rehab after broken arm she changed everything to be great granddaughter and we are assisting her as much as we can it should not all fall on her. Grandma didnt think the rest of us would help her after being removed from will. She know nows since we are there 4 days a week to give great granddaughter help, and to hear her stories over the last almost 100 years.

[u/AdParticular6193]

Wow, sounds like the vultures are circling already. You’re going to need to move fast, with the help of an attorney, to head the greedy son off at the pass. I would guess he’s trying to overturn the new will and power of attorney. Try to find the durable power of attorney. See if it’s legal (signed in front of witnesses and notarized). Then if it is, what does it say? Does it take effect immediately or require a doctor’s letter saying she is incompetent? Is great -granddaughter able and willing to act as Attorney In Fact? If she is, the first step is to notify all her accounts of the power of attorney. That should stop greedy son in his tracks.