OT - Power of attorney

I will try to keep this as short as possible.
I will be contacting my attorney on Monday.
Just looking for some info, other questions for the lawyer.

My ma has been accepted for Hopsice care as of 2 pm today(08/18/12). Everthing is in a trust with the exception of her 97 Blazer. The Blazer is in her and my name only.

I had a need for a rental car. Talked to my bro (who is executor of the estate), who allowed me to drive the car for the time I needed. For the 2 days I used the car, I noticed front end issues and it needed an oil change. Took car to a trusted mechanic. Front end problems are due to upper & lower ball joints (original 150K miles). Said not to drive car. Drove car home w/o issue and has been parked in my garage ever since.

My bro and I are of different opinions.
Mine...If the ball joints fail, collision occurs, while the car has full coverage insurance thru my ma, I could still be held liable for any damages that exceed the insurance policy.
His...car has full coverage, and I should not worry.
Mine....car will not leave my land until the title has been changed to the new owner(I have no desire for the car, executor bro wants it), and since he is POA, and since ma is not capable of making decisions, he has legal power to sign her name on the title.
His...he does not have the legal right to sign her name on the title w/o a death certificate.

In the mean time, we both have agreed to leave it where it is until we talk to more that know.

Thanks for your help,
....don t. .....

If I had a car in my name and had to ask a brother if I could "borrow" it.... I'd get it outta my name so fast his head'd spin, tell him to shove it up his ----, and cut all ties.... You'll live much better.....

If your name is also on the title, your brother (POA) cannot do anything to the title unless he has your consent.

Disclaimer: I am not an attorney.

I practice in probate and estate law in Indiana at least, but cant speak exactly to your questions UNLESS AND UNTIL I were to read the Power of Attorney to see exactly: 1) What powers are assigned,,,,,,,,,2) To whom they are assigned,,,,,,,,,,,,3) When the assignment becomes effective,,,,,,,4)And under what circumstances. ONLY THEN could I render a worthwhile professional opinion.

Looks like you may be confusing the Exectuor or Personal Representative of a decedent's estate whose authority to act only comes into play AFTER the person dies testate, the will is submitted to and approved by the probate Court, the court appoints the executor/personal representative WITH............A Power of Attorney which is during the life of a person but stops when they die !!!!!!!!!!!!!!!

If a person is an agent under a POA subject to what the POA says, yes they may well have authority to sign say a car title for the mother. As far as the executor or personal representative of an estste powers, they have no authority to act when the person is still living.....

NO NEED FOR ME TO GO FURTHER, SEE WHY THIS IS A QUESTION FOR A PROFESSIONAL QUALIFIED ATTORNEY NOT FOR ANYONE WHO HASNT READ THE POA OR RESEARCHED YOUR STATES LAWS, ATTORNEYS INCLUDED

Unless a trained qualified person has read the POA and is familiar with your states probate laws, I wouldnt make any decisions on what anyone here thinks about all this MYSELF OR ANY OTHER ATTORNEYS INCLUDED

Best wishes n God Bless

John T Country Lawyer

Don...the POA can be written as very broad or very narrow in scope. I had my Dad's POA when he was alive and it was very broad. I could/DID sign for him over land transactions, banking/checking/and even a vehicle transaction. That POA became null and void the instant he died. My brother who was named executor of estate then "took the reins". You would do well to take the POA to an attorney for a 15 minute consultation (take the brother along too...if he'll go) to clear the air of any possible problems.

I also have POA for an older brother who lives some distance away. This POA is very limited and is only for those actions needed about the farm we inherited. VERY LIMITED....vs what I just described for my Dad.




Care of the elderly...both their physical and BUSINESS care ...is not easy. You have our prayers...especially from those of us who have been down a similar road.

Rick

To bad you can't resolve this without a attorney's help.

I would think your brother POA should be able to sign for your mom. However as others have stated POA's have a wide range of applications.

As to not fixing the car and relying on the insurance that is irresponseble on a moral level if possibly not a legal level.

Not sure what your insurance would say if something happened and you knew there were problems.

At least you and bro have agreed not to drive it.

jt

I was in a hurry earlier and had to leave for Church, sorry, I forgot to address your liability question:

YES if a court of law determines your negligence was the proximate cause of anothers injury, YOU ARE LIABLE, regardless if you were driving a lawn mower or the mothers car. Now if it comes into evidence you were aware and warned the car needed major mechanical repair and if indeed that problem caused a crash YOU CAN KISS IT GOODBYE LOL. Then the next issue is will the mothers insurance carrier defend you and will they pay the damages THAT CAN ONLY BE ANSWERED BY WHAT THE POLICY SAYS AND NOTTTTTTTTTTTTT BY ANYONES OPINION

Again what the POA grants and when and to whom an under what circumstances, is it Durable??? Is it Springing?? Have the triggers been satisfied??? determines the answer to your POA questions NOT WHAT I THINK sittin here in the dark not having reviewed it........POA for the living,,,,Executor/Personal Representative for the decedent following probate and Court appointment........

best wishes

John T

I learned a long time ago that fighting over an estate is not worth it, no matter what property is involved.

If someone feels strongly about it, let them have it - and forget it; you will be a better person for it in the long run!

While I am not an attorney, It seems to me you have already opened the can of worms. You posted on a public forum that the truck has safety issues, and I would assume the mechanic has given you a receipt with the needed repairs, and the not safe to drive warning.
From a common sense standpoint...if it is sold I would be very certain the new owner is made aware of the problems and have him/her sign a bill of sale saying it is sold as- is where-is unsafe to drive and will have to be towed off the premises.

Thanks for your input one and all. I do appreciate it.

Just to clarify a few items...
..car will be given free and clear to the bro mentioned. It will not be sold. That was the deal all along. I have no intention of reneging on this agreement
..I would have r&r'ed the car if ma needed it.
..Once title has changed hands, bro will trailer home.
..A lawyer will get involved because we both want it done right, the 1st time. Pay em now or pay em (more) later.

Thanks again....don t. ....

Should you use that vehicle when knowing it is mechanically defective,and have an accident, don't count on the Insurance Coy paying out.

I don't know if you have ever been in a wreck before or not but it's no fun. The front end failure could cause you to go head on with a semi truck so the legalities would be farthest from my mind. I was in a wreck August 6, 2009 and the lady that hit me had 21st Century Insurance and I'm still waiting for the insurance company to pay so I can get an operation to fix my arm. I'm having to sue them to get them to pay so with the court and attorney fees it appears there won't be enough for an operation so I'm looking at being permanently crippled.

I too am thinking of setting up a living trust for my kids, POA, will, administrator, exect. I have too many properties to be tied up in probate.

My only fear is how does a person find a lawyer that he can trust? I'm 63. Never needed a lawyer to date. How can I find someone who is good? Go on the internet? I think the lawyers pay to have their faces and business posted. I don't like lawyers advertising on TV.

It's like finding a good contractor. I've hired bad ones. Learned not to use them again. I don't want to do that with a lawyer.

So how do I find a good one in Terre Haute?
My kids live in Indy, should I use a lawyer from there? Or should I use one that lives in TH?

Just need your opinion.

George