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My step dad is currently in hospice care at my mom and his home and she is taking care of him.My step sister has claimed that she has power of attorney signed to her five years ago by my step dad. Does she have actual power of attorney with my mother still a lot can anybody answer that for me.

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On top of this, my father is spineless wimp! He is afraid of her daughters and he would give in on their qualms! I don't think my dad is mentally competent to chose his POA. That's why they swooped in and take it up without letting me know about the situation. Would you think it is very odd that they wanted to be part of my father's care when he is not their father and without telling me about what happened to my father? That's because they are keening on the estate of my dad's. They are swarming like vultures at my dad's bedside at the hospital as I typed this!
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If my dad dies first and my step mom would take all and give it to her two daughters and their kids. Yes, she would leave me out and she did in her obituary that she left me out. I know their motives are that they wanted part of Dad's estate because their mother died first. Step mom never involves Dad's biological daughters and his grandkids and great grandkids who he never met because of her! It was always about her biological family. If you go to their house.... you will see many pictures of her and her daughters and grandkids/great grandkids. Nothing me or my sister or my dad's grandkids /great grandkids. That home wrecker.
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After my husband died my stepdaughters hung around. One of them lived with me for more than a year. I loved all three of them and they love me. Why would their father's death change that? Whatever I have when I die (which won't be much) will be divided equally among my two sons and those three girls.

Let me ask you this. If your father had died first, do you think that his wife should leave everything to her daughters and leave you out?

No one can "swoop in and take" POA and health proxy. That must be given by the principle. Your father chose to do that.

If the motive for taking care of your dad is to get his assets that is deplorable. How do you know that is the motive?
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After my dad's wife passed last March. Her two daughters still sticks around with my dad because they felt that part of my father's estate should goes to them. Now it is all to my Dad. Now my dad has a mild stroke and is in the hospital. Of corse, that step daughter swooped in and took up a power of atty and health proxy. She is blocking me from trying to see or talk to my dad. To me she has no business in taking care of my dad. Her real motives is getting the house that my dad is living in now. They are trying to get everything that my dad owns to them without us knowing what's going on.
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Step dad past. Attorney says poa expired right when he passed. She has not proved she had a signed form giving her poa or there is a will. They did have much. Not sure what she wants but just to say she had the power. Funeral is tomorrow. Will see what she does after that. Hope she just leaves my mom alone to grieve. She eas married to her father for over 20 years
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I'm not sure what you mean by POA over your mom. Do you mean that her decisions come ahead of your mother's decisions for your dad? Or that she has POA to make decisions for your mother? I think we need that clarified.

Do you mean does she have authority to act on your dad's behalf as stated in HIS POA even though your mother is still alive? I think the answer to that is Yes. POA authority is limited. To find out what it authorizes, read the document.

Do you mean does she have authority to make decisions for you mother? Only if mother gave her that authority in a POA document.

Generally, anyone can name any adult they want as POA. It doesn't even have to be family.
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The actual POA will indicate who executed it and who was named as proxy to act on his behalf. Those are the limitations; there aren't any that are inferred.

If he's the sole signatory, he cannot make that decision for your mother. If the POA was made by both of them and the stepdaughter was appointed, then she does have authority (but only as expressed in the POA) to act on behalf of your mother.

You'll really need to see a conformed copy (duplicate executed copy) to see who executed the POA and on whose behalf your stepsister serves.

So basically, if she wasn't named to serve for your mother, she can't, just by virtue of the fact that she might have been named to serve for your father.

The best thing to do is have your mother see an attorney and execute her own POA.
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This is totally sticky. So is it the situation that your stepsister - who has a valid DPOA for her father - wants to do things contrary to what your mother wants?

I'm guessing that the above is the situation......well he can change his DPOA and make it your mom, his wife as his DPOA.
Is he competent & cognitive enough to do this?
Would he have the backbone to do this?
If not, are there other issues regarding their finances, property, assets as well as health care decisions looming?
If so, mom needs to speak with an atty on her own to do whatever to safeguard her situation within the marriage. Mom may need to do this quietly as it may incurr hostility with stepdaughter. I'd suggest she get a NAELA elder law atty as this is going to get complex.

Out of curiosity, is this a long existing marriage or more current?. Is there $ & property involved? Or is stepdaughter just all about control?
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Sorry, over my mom. She's still alive.
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