My brother had heart attack and stroke. While he was in hospital, his 1st ex-wife swooped in and completely took over. His vehicles are now in nephews name, just had to add 'jr', he has to pretty much beg for any spending money ( his military retirement) , wont pay my fiancee' for 24/7 care-giver, etc. Hes getting alot better. What can he do to get her off p.o.a?? How can he find out if shes been taking money, what can he do if she is? Can he get his vehicles etc back??
1 Answer from Attorneys
He can remove her as agent under his power of attorney by giving written notice to her terminating the POA. He should make a new POA appointing a trusted person to serve and take action to get the vehicles retitled in his name, pay his bills, collect his income, etc.. If she has taken any money (in addition to transferring title to the vehicles to her son) or only transferred the titles, or both, then she has violated her fiduciary duties as agent under the POA and can be charged both civilly and criminally, for her wrongdoing.
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