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moonlite · May 17, 2009, 05:46 AM

If someone clearly gives me Power of Attorney to do a specific act, like close their bank account, and then I close their bank account -even though this person may not like what I did but I decided that doing so would be in his best interest, would this person (the grantor of the POA) have a legal case against me ? In other words, can this person say: "yes, I did give him a legal right to do that but I was hoping he would not do it" ? Thank you for for your valuable advice.

mr.yet · May 17, 2009, 06:10 AM

Once a Power OF attorney is issued and notarized than you can act for the person, their should be no dispute that they granted you the right to act in a certain way.

As for a legal case against you, I doubt they have a case, since they signed over that right in the POA

moonlite · May 17, 2009, 06:23 AM

Thanks for your response. What do you think would be my best course of action if I show up to act on that person's hehalf, with my POA in hand, and the institution tries to second guess my action or give me a hard time ? My attorney agreed to accompany me and I'm even thinking of bringing along a Sheriff just to make sure this action goes smoothly. Is this a good way to go ? Thanks.

ScottGem · May 17, 2009, 08:23 AM

I would also like to know more about the circumstances. Why is this person unable to act for themselves. Why did they give you POA and what makes you think they would not want you to perform the action they issued the POA for?

I defintiely wouldn't show up in force at this point.

moonlite · May 17, 2009, 08:54 AM

Well, we basically have different opinions as to what's best. I truly believe that taking this action is best for most of the family. The other person who gave me the POA disagrees. But he's older and has no clue what is going on. He can not read or write very well and does not understand the complexities of this day and age, which is why not long ago he gave me this POA - so I can decide on his behalf after I review everything. Basically, emotion rules this person's thinking. I am much more knowledgeable of what's going on by virtue of the access I have to documentation. This person will not understand what is written even if he reads the text. He got himself in trouble before for acting without reading the rules and regulations. Again, this is why he gave me this durable general power of attorney so I can act on his behalf and I intend to do so. Thanks.

excon · May 17, 2009, 09:09 AM

Originally Posted by moonlite

Again, this is why he gave me this durable general power of attorney so I can act on his behalf and I intend to do so. Thanks.

Hello moon:

Seems to me, that unless you have him declared legally incompetent, he can remove the "durable" POA anytime he wishes.

In fact, even though he may not have put his recission in writing as of yet, his actions make his intentions perfectly clear. In my view, if you proceed, and you're sued because of it, you'll lose.

excon

ScottGem · May 17, 2009, 09:42 AM

I have to agree with excon. You are treading on very thin ice here. A POA is given when a person will be unable to act for themselves, usually due to illness, so a designateduperson can carry out their wishes.

If the person who granted the POA can prove that he disagreed with what you planned to do and you were aware of it, then you are screwed.

A POA is NOT a conservatorship when the conservator can act in what they feel is the best interests. A POA is generally granted to carry out the grantee's wishes. Only if the grantee is unable to express those wishes is the POA holder free to act on their own.

moonlite · May 17, 2009, 12:38 PM

I appreciate your responses. Now I am better educated. So even if what the grantee is doing is not in the best interest of most of his family, I can not act against his wishes ? And from some of the responses it appears that I can only act if he is in a hospital or something unable to make decisions due to illness . Thank you for your time.