Power of Attorney And Its Limits

[flock2no1]

How many rights/actions can a person w/ POA act on over a person who only has "life estate" at a property. Can the POA make any decisions regarding this property w/out the remainderman's consent?

- I have the sole remainder interest b/c I was the one who granted my mother life estate w/a remainder to "only" me upon her death.

- Mother has life estate & is terminally Ill.

- Sister has no interest in the property and has removed my mother from the property and I have no way of knowing where my sister lives. Nor if I did would she allow me to communcate w/ my mother peacfully.

Sister will attempt to get POA...at what extent or right to make decisions regarding this property does the sister have if she is granted POA?

Sister is greedy and is only taking care of my mother b/c she probably don't have any clue that mom only has a life estate.

How can I protect my property in this situation?

[Mr. Knowitall]

Somebody with a power of attorney can exercise the rights granted to them under the power of attorney. They cannot exercise rights or powers not granted to them, or which the person issuing the power of attorney does not possess.

[lwpat]

If your sister gets a POA she can rent out the property and use it for your mother's benefit. In the meantime, you probably should take possession of the house and rent it out with all of the money going into a separate account out of which you can pay the taxes and upkeep. Sounds like you did not consult with an attorney when you set this up.

Your mother has the right to sell the life estate and that is all. Even if your sister gets a POA she only has the rights of your mother.

I have no way of knowing where my sister lives.

Yeah, right.

[flock2no1]

IWPAT: You'r "Yeah, Right" comment was uncalled for. I have no reason to lie about where my mother is staying in terms of where my sister lives. I have a pretty good idea about the county but as far as going into that county and knowing were to find her, it would be difficult. I have tried looking through all the phone books, calling hospitals (no information is allowed to be given out), internet people searches. Even when I was in good standing with my sister I never knew were she lived most of the time, the women moves propably every few months. Anyway, I appreiate your comment but felt you went a little to far with your last statment. Also, I did go through a lawyer when drawing up this life estate between myself and my mother. However, I never assumed that I would end up in this hairy of a situation with my sister. Be mindful that my mother is "out of it", she is under the influence of my sister. There would be no problem if I could just talk to my mother and tell her that I dont plan on doing anything to the house or not permitting her to return to it (her right of possession), I dont want to do anything but ensure the upkeep and to provide myself with some surety that the house isn't being damaged by anyone out of spite. I mean what would be the issue with me simply making sure that there is some heat on in the winter and that pipes dont bust in the house. The house will immediatly revert back to me upon my mothers death. My mother is very sick and could pass at any time. Is the only reason that my sister has boarded up the house and changed the locks is to spite me and perhaps see fit that the house doesn't do anybody anygood as long as she can have something to do about it or is it simply because she thinks she has a dog in the fight and that she will get the house upon my mothers death (no way possable). What ever the case be and I believe it to be a little bit of both. Listen, everything I've read and everybody I've talked to says I have the right to go and protect the property but thats were the advice ends. It's all grey from there. On what grounds do I have to enforce my right to ensure upkeep on the property if I was to go to the property and the police was to be called on me, do I just simply show them the deed in which I have given my mother life estate and show them that I am the sole remainder to the property and explain to them that my mother is terminally ill and is living in a another county and that all my intentions are is to make sure that the property is being maintained. Why would the police be involved, well thats what I would want. I would like it if the police could assist me in the assessment of the house so that they would know that my intentions isn't to jerk the property away from a terminally ill women. I have no bad intentions with this. I dont want a single thing that belongs to my mother at her death, all I want is for the property in which I was good enough to let her live in for the rest of her life is maintained and not damaged out of spite.