Legal Question in Wills and Trusts in Alabama
Contest Power of Attorney
My brother has power of attorney over my 87 yr. old. mother. He is very ill and could die at any time from liver and kidney failure. He informed me he has set up a trust of my mother's assets with our 22 yr old caretaker of four months in complete control of my mother's care including health decisions. He is a chronic alcoholic and paranoid at this point. What is my recourse. He has lived with my mother for 15 years with no employment other than being her caretaker. What is my recourse?
2 Answers from Attorneys
Re: Contest Power of Attorney
Without knowing more, I would suggest exploring a conservatorship. You for example could be appointed as conservator of your mother's assets and guardian of her person. This would remove all rights and responsibilities from your brother and anyone he has appointed. Contact a lawyer who handles conservatorships.
William G Nolan
www.NolanElderLaw.com
Re: Contest Power of Attorney
Mr. Nolen correctly cautions to you not delay in seeking the assistance of a local attorney who regularly practices before the local Probate court (where your Mother currently resides). The local probate office should be happy to provide you with a couple of names of such attorneys.
A further afterthought: your brother's POA might not give him the authority to set up such an arrangement, trust or otherwise. It depends upon the wording of that POA that your Mother signed for him. It must contain the wording such as "power of substitution" in order to give him the legal right to appoint his successor "agent" for your Mother's care.
I would also think a local probate court should have concerns over a 22 year old taking on such responsibilities, particularly involving another person's finances.
If we can be of further assistance or if you should have further questions, let us know. Have a blessed rest of the week, Chip
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