My question involves estate proceedings in the state of: Indiana
My sister;s GPA and HCPOA state the following:
(GPA) I CJM hereby nominate and appoint BWM and SJC and PLD my Co-Attorneys in fact .. If BWM is unable or unwilling to act then I appoint BHM to serve in his place as Co-Attorney in fact...
(HCPOA) I CJM hereby nominate and appoint BWM and SJC and PLD as my Co-Health Care Representatives... if BWM is unable or unwilling to act then I appoint BHM to serve in his place as Co-Health Care Representative...
She thought that because of the wording and the word AND that none of the 3 (BWM, SJC, PLD) could do anything on their own. That all 3 must agree on Health Care decision or to act as GPA and sign any legal documents. Is this true?
unbeknownst to her or to SJC and PLD, BWM (her husband) recorded her GPA with the Court and then turned around and executed a QCD transferring their marital residence to him alone. If he dies, he left it to their son (BHM) as his sole property. He has also set up a Trust Fund that if he dies any money that he has or that CJM will inherit will be transferred to a Trust fund that CJM has no control over and only their son (BHM) will control and give his mother any money if he sees fit to. bTW, their son is a millionaire and has no spouse or children. He is very tight fisted with his money, she is not.
He then turned around and placed her on Medicaid Waiver. His next step is to have her committed to a nursing home over his will. he says as her HCPOA he can do that. Again she was under the impression that he could not act alone on any decisions such as this. If her husband dies, her son who lives out of state has already stated that she WILL go to a nursing home if not already in one and he WILL sell the marital residence and everything in it as it is his to with what he wishes. However, her will also names the 3 of us as CO-Personal Representatives with her son to act in his dad's place if he is deceased. She also has specific items bequeathed in her Will to family members. Her son has stated that since they are in his house, he will do with them as he pleases.
It is just a mess. The husband and wife hate each other but he will not divorce because he does not want her to get anything and she will not divorce as she feels that she will have nothing if she does (they are both 72) and she will have no one to take care of her (she is disabled).
can you answer the question about the AND and if he can do what he did legally with only his signature and can they do what they are intending to do? her sister and I personally do not care about any money or any property. We do HOWEVER care if she is forced into a nursing home against her will.
Also, as a co-hcPOA, am i allowed to call and talk with her doctors and Medicaid case worker about her care?
Thank you.
My sister;s GPA and HCPOA state the following:
(GPA) I CJM hereby nominate and appoint BWM and SJC and PLD my Co-Attorneys in fact .. If BWM is unable or unwilling to act then I appoint BHM to serve in his place as Co-Attorney in fact...
(HCPOA) I CJM hereby nominate and appoint BWM and SJC and PLD as my Co-Health Care Representatives... if BWM is unable or unwilling to act then I appoint BHM to serve in his place as Co-Health Care Representative...
She thought that because of the wording and the word AND that none of the 3 (BWM, SJC, PLD) could do anything on their own. That all 3 must agree on Health Care decision or to act as GPA and sign any legal documents. Is this true?
unbeknownst to her or to SJC and PLD, BWM (her husband) recorded her GPA with the Court and then turned around and executed a QCD transferring their marital residence to him alone. If he dies, he left it to their son (BHM) as his sole property. He has also set up a Trust Fund that if he dies any money that he has or that CJM will inherit will be transferred to a Trust fund that CJM has no control over and only their son (BHM) will control and give his mother any money if he sees fit to. bTW, their son is a millionaire and has no spouse or children. He is very tight fisted with his money, she is not.
He then turned around and placed her on Medicaid Waiver. His next step is to have her committed to a nursing home over his will. he says as her HCPOA he can do that. Again she was under the impression that he could not act alone on any decisions such as this. If her husband dies, her son who lives out of state has already stated that she WILL go to a nursing home if not already in one and he WILL sell the marital residence and everything in it as it is his to with what he wishes. However, her will also names the 3 of us as CO-Personal Representatives with her son to act in his dad's place if he is deceased. She also has specific items bequeathed in her Will to family members. Her son has stated that since they are in his house, he will do with them as he pleases.
It is just a mess. The husband and wife hate each other but he will not divorce because he does not want her to get anything and she will not divorce as she feels that she will have nothing if she does (they are both 72) and she will have no one to take care of her (she is disabled).
can you answer the question about the AND and if he can do what he did legally with only his signature and can they do what they are intending to do? her sister and I personally do not care about any money or any property. We do HOWEVER care if she is forced into a nursing home against her will.
Also, as a co-hcPOA, am i allowed to call and talk with her doctors and Medicaid case worker about her care?
Thank you.
General Power of Attorney: Duties of Gpa
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