- April 16, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Seeking Advice for Sister-in-Law’s Legal Situation
My sister-in-law is facing a challenging situation as she has been recently sentenced to seven years of imprisonment. With no close family left after her brother’s passing, she finds herself in a vulnerable position. She owns a home and has four small dogs, whom she dearly cares for.
The person who agreed to take care of her home and dogs during her incarceration has demanded to be appointed as power of attorney, threatening to leave and give away the dogs if their demand is not met. Despite my late partner’s warnings about not trusting this individual, the idea of granting power of attorney to someone else raises concerns for me. However, I acknowledge the necessity for someone to make decisions on her behalf while she is unable to do so.
Given the circumstances in Missouri, are there alternative options available to us besides power of attorney? What are the potential drawbacks or consequences of appointing someone as power of attorney in this situation?
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As a general rule, you should only appoint someone your agent under a POA if you have a great deal of trust in them. If it’s a typical “general” POA, you are giving your agent the power to do almost anything with your property that you could do — sell your house, withdraw money from your bank account, etc.
It’s up to your sister-in-law to decide who, if anyone, she wants to appoint as her agent. Sometimes people don’t have good options. Ideally, you want someone who (a) is responsible and has good judgment, (b) is totally trustworthy, and (c) is willing to do it. But sometimes there is no “ideal” person available.
>do we have other options besides power of attorney?
Probably, but they may be more complicated. Your sister-in-law could put her property into a trust. But that would require an attorney’s help, and you still have the question of who she will put in charge of her property (in this case, a trustee instead of an agent under a POA).
>What are the negatives of appointing someone as power of attorney?
They could steal all of your money. You can sue them for that, but you may or may not be able to recover. If your agent under a POA steals your money and spends it, you might never get it back.
The other option is usually to transfer the assets into a revocable living trust.
Find someone else to do this and make an agreement to compensate them IF they want to be compensated. The person should be someone who will NOT ask for a POA.