I have POA over my friend who is now in a nursing home. He has been receiving a Social Security check in his checking account for months now. I am also on his checking account. I have used some of the money for personal use. Is this misappropriation of funds?
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There are different types of POA and one gives you certain rights over that person's finances.
Who is paying for your friend's bills in the nursing home? does he have other insurance or other means to pay these bills? Usually if there is no other insurance to pay, the nursing home will require the SS check be sent to their institution as payment for care/housing and other expenses and will usually take any additional expenses (over and above the SS check or insurance check) from their personal finances (or require someone to pay the bills).
Here is a link that explains a little about a POA but you need more legal advise than this.
www.lawhelp.org/
From my understanding, the money from Social Security is to be used for your friend. You cannot use it for your personal needs. You should save all receipts to prove that the money was spent on your friend.
In cases like this I would consult an attorney. I was given power of attorney for my grandmother who was in a nursing home. I never touched the money in her account. My name was on her checking and saving account. Medical paid for her stay in the nursing home. At times her account had too much money and some of the funds needed to be spent or moved. I would buy her clothes and the items she requested.
Having power of attorney over a person doesn't make it right for you to take advantage and spend their money. I am not sure what your arrangements are with this person. I think it is best for now to stop touching the funds in his account. Only use his money for him and his needs. Afterwards, make an appointment with a lawyer or legal aid to find out your rights as power of attorney.
This could cause some problems and also possible future issues when your combined income changes in a shared account. I would consult a professional for help in this case. Good luck.
Most definitely consult with an attorney in your area!! Depending on the legal rights of the POA you hold for your friend, it could possibly be misappropriation of funds and you would then be held accountable. Some POA allow you to be "paid" for actions made in the benefit of the person you have POA for (like gas to take them to appts., time spent taking care of their business, etc.) though technicalities can get a little sticky.
yes it is. It is not your money it is your friends.
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