NetNews Usenet Archive 1992 #31/NN_1992_31.iso/spool/misc/legal/21795

Text File | 1992-12-29 | 1.7 KB | 40 lines

Newsgroups: misc.legal
Path: sparky!uunet!spool.mu.edu!darwin.sura.net!zaphod.mps.ohio-state.edu!malgudi.oar.net!news.uakron.edu!VM1.CC.UAKRON.EDU!X1FT
From: [e-mail]
Subject: Responsibilities of Power of Attorney
Message-ID: <[e-mail]>
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Organization: The University of Akron
Date: Tue, 29 Dec 1992 19:40:26 GMT
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Greetings,

I'm new to this list so I don't know if this is an appropriate forum for the
following question(s), so please redirect me if there is a better place.

Scenerio:
A granddaughter was given power of attorney over an elderly grandmother,
with the full agreement of the grandmother and other grandchildren.
Subsequently, a significant amount of money was transferred from the
grandmother to the granddaughter (the one with power of attorney), apparently
for her personel use, and unknown to the rest of the grandchildren.
The grandmother (sometimes forgetful and confused) has since expressed
some second thoughts about the wisdom of this action and isn't even sure
(in her own mind) whether it was to be considered a loan, or a gift.
The money was transferred in the form of a check, signed by the grandmother,
so there is a legal paper trail.

Questions:
 1)  What exactly is power of attorney over another?
 2)  What moral and legal responsibilities is an individual with power
     of attorney bound by?
 3)  Are these responsibilities different if the two individuals are
     related?
 4)  If the grandmother is in full agreement with the money transfer,
     does a court or other legal authority need to oversee this to avoid
     concerns over conflict of interest?

Thank you all for your help in understanding this!
                                - Frank