Legal Question in Wills and Trusts in New Jersey

POA Issues in NJ

My step-father suffered a stroke 3 years ago which rendered him unable to speak. He does communicate with sign language, and is very competent. His sister was appointed POA and has been handling ALL his financial affairs. He receives Medicaid checks monthly to cover his expenses. (His sister keeps the amount of the checks ''a big secret'') He and my mother live rent free in a home that I own. They are not married, but have been together over 30 yrs. Upon moving into my home it was agreed (verbally) by ALL that he would pay All utilities and $100 a week for food. (Which we dont get faithfully) His sister has decided that since the bills are ''so high'' shes only paying half or not paying at all. I have contacted his Case Worker, but she is absolutely no help. This issue at hand is my parents have run out of heating oil and his sister refuses to pay for a delivery. And as absurd as this sounds the case worker has reported ME to Adult Protective Services for neglect. I am awaiting their arrival as we speak. I was hoping to get a response as to my step-fathers, my mothers, and my rights in this situations and what legal steps I can take. Thank You


Asked on 4/08/09, 8:08 pm

1 Answer from Attorneys
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Re: POA Issues in NJ

What is your step-father's position in all of this? You indicate that he is competent and can communicate. Why did he give his sister power of attorney? Why not your mother (his supposed partner in life)? At the very least, he should be instructing his sister to pay as agreed. Or better yet, he should be revoking his current Power of Attorney and preparing a new one naming your mother as his agent. Do you perceive him to be just as unreasonable as his sister, given that he is still competent albeit somewhat incapacitated? I'm assuming that you are not looking to remove either of them from the house you own, and are only looking to get paid. Is that a correct assumption? Whose name are the utility bills in? If in their name as the residents of the house, shouldn't they be motivated to pay if only to avoid a utility shutoff? Who is your step-father supposed to be paying for the food, you or your mother? More information would be nice in order to even venture an answer. Feel free to email me if you would like.

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Answered on 4/08/09, 9:17 pm


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