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How do I find out what powers my moms POA has?

Moms ex-husband obtained POA to keep the state from taking over. We (her kids) live in a different state and couldnt do it. She is in Hospice now and they want to know who is responsible for paying the cremation costs. He refuses to do it. Also, I want to know if he has legal rights over her place of residence that he never lived in before they married. They were only married 3 years and we discovered he married her just to get her measley social security check. He didnt want much to do with her after she went into a nursing home. He refuses to show us proof that he has a POA but the home says he does. My question is how do we find out if her home was included in that POA . The state is Nevada. I am in Washington.

Status: Open    Nov 23, 2016 - 07:30 AM

Elder Law > Guardianship

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1 answer


Dec 01, 2016 - 02:11 PM

I'm not an attorney, but just because someone has Power of Attorney, does not mean they have ownership interest in your mother's assets. There should be a deed or title to the home, which is a public record you can obtain. You should consult an attorney!
Comments (5) | New Comment

By linlot on Dec 03, 2016 - 08:40 AM | Like (0)  |  Report

From my knowledge, once a person dies, the Power of Attorney over them is no longer valid. It ends with death. So then it is up to the living will or other pre-arrangements --or the courts--as to what happens to the property.

By linlot on Dec 03, 2016 - 08:47 AM | Like (0)  |  Report

In my knowledge, (I have POA over my mother), when the person passes away, the POA then becomes null and void with that death. Property is then decided either from an existing will or the courts if there is no will. The POA is no longer in effect.

By antzy59 on Dec 03, 2016 - 10:59 AM | Like (0)  |  Report

POAs are different than trustees. POAs can be released without the person knowing it (POA) Does your mother have an atty. Senior centers have law days and have consults with people. maybe ask if you can consult with one on your mom's behalf.
Usually consultation is free.

By rtree on Dec 03, 2016 - 01:26 PM | Like (0)  |  Report

You absolutely need a lawyer!
If they were actually married then the POA is not the issue. In a marriage, the rights and responsibilities between a husband & wife trump most other agreements. Nevada is a community property state and he may have gained title to the house via the marriage.

Consult a Nevada attorney and even be prepared to hire a private investigator to did up the facts. Facts and details are what you need not any 'perhaps' or 'I thinks".

By ruralwannabe on Dec 04, 2016 - 04:52 PM | Like (0)  |  Report

I would think if there were a POA to someone other than spouse - wai-EX-spouse should have no more rights than an standard POA. Have you asked the facility to send you a copy? Why wouldn't they, since you are related. I'm not a lawyer, but a daughter should have a lot more rights than an ex-husband. if he got the POA during marriage, it should be null and void, but probably a legal point, and who can afford a lawyer, right? Ask the facility nicely.... If they are afraid he won't pay for something they should be happy to help you figure this out!!!!

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