Jackson, MS asked in Uncategorized for Mississippi

Q: How do I find out if my niece has power of attorney for her father, my brother? I don’t believe she does.

She has moved from n. MS to Madison. Left him in a senior community apt complex. She took his debit card that his soc sec $ is put on monthly, took battery from his truck so he couldn’t go anywhere. But he either is getting dementia or has signs big time of Alzheimer’s. She didn’t tell the residence mgr where he is living because they said they can’t accept anyone that may show signs of these disabilities or any mental condition that may cause them to possibly hurt themselves or someone else. His rent is $175/month. His daughter is pocketing the $700+ that’s left monthly from soc security. I need to know what is the truth. She has always had a habit of stealing, lying, deceiving even her own family. I’m really worried. She told another family member that she had power of attorney.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: To find out if your niece has power of attorney for your brother, you can start by asking her directly for a copy of the document. If she claims to have it and refuses to show it, that could be a red flag. You might also want to speak with your brother, if possible, to see if he recalls signing any such document, although his memory might not be reliable if he's showing signs of dementia.

Another option is to contact the senior community where your brother lives and ask if they have any records or documents on file regarding power of attorney. If the situation seems urgent or if you suspect financial exploitation, you can contact the Mississippi Department of Human Services or Adult Protective Services to report your concerns and request an investigation.

Lastly, you might consider consulting with an attorney who can help you navigate the process of determining whether your niece has legal authority and what steps can be taken if she doesn't. Your concern for your brother is understandable, and it's important to act quickly to ensure his well-being and financial security.

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