Legal Question in Wills and Trusts in Arizona
attonery-in fact-------stold my inherantiance
how could a person get attonery-in fact. over my dad that had a bad stroke and was blindand not in right mind. I am the sole beneficiary of dads will. but she was able to sell the house ect.
2 Answers from Attorneys
Re: attonery-in fact-------stold my inherantiance
I agree with Donald Scher. If your Dad was blind and not in his right mind, another person could not legally get a power of attorney over him. You should talk with an attorney immediately. Your Dad, (or his estate if he is no longer living), is entitled to recover three times the amount of money that was stolen from him. You may contact me by email if you have further questions.
Re: attonery-in fact-------stold my inherantiance
A person cannot get a valid power of attorney from an incapacitated person and did not have legal authority to sell his house or anything else. You should retain legal counsel immediately and bring an action in probate court, but you must be prepared to prove that your dad was incapacitated, didn't know what he was signing and didn't know what he was signing. You should also look into the method of signing the POA, was that done properly according to state law. You could also make a complaint for financial exploitation of a vulnerable adult.