Legal Question in Family Law in Alabama
Power of Attorney
My grandfather who lived w/my aunt got kicked out, b/c she said that she did not have time for him anymore b/c she got a new boyfriend. Well he is 77 yrs old and in bad health. My aunt had been spending all of his money. We went and saw a lawyer to have power of attoeney papers drawn up and my grandpa signed them to me. The doctor said that he was not mentally competend. Now my aunt is telling my grandpa that if he dosnt have it changed he can never see the grandkids. What do i need to do to have it fixed so it cant be changed. Please help
1 Answer from Attorneys
Re: Power of Attorney
a person cannot execute a valid power of attorney if he is competent. if a doctor has determined that at the time the power of attorney was signed by your grandfather he was not competent, then there is a good chance, that a court would determine that the power of attorney was not valid. i would suggest that you contact the attorney that drew the power of attorney and ask him questions regarding the competency of your grandfather at the time of the execution if the attorney was present during execution. grandparents do have some rights under alabama law to visit their grandchildren, however, without further factual background on your grandfather's situation i cannot provide a more detailed answer regarding his possible rights to visitation with his grandchildren.
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