Legal Question in Wills and Trusts in Alabama
power of a poa?
can my sister who is power of attorney of my mother legally cut some children out of her will when my mother has dementia and loves all of her children the same and would never have it this way when she was in her right mind?If so what rights to contest do we cut out children have?
1 Answer from Attorneys
Re: power of a poa?
Your question has more facets that you might think. First, an "agent" is the person who operates under another's power of attorney. Your sister is your mother's agent. While she cannot change your mother's will, she can effectively dispose of your mother's assets while she is still alive. That would have a similar effect as disiheritance. You could possibly challenge the POA since your mother has dementia. You could challenge your sister's authority and actions under it as well. Pay an attorney for an hour or two and see what your rights are.
William Nolan
www.NolanElderLaw.com
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