Legal Question in Elder Law in California

power of attorney
My sister got my mother to sin a power of attorney by telling her that should she get ill and go to the hospitol she would need someone to speak on her behalf. Without consulting any of the other 5 siblings her and her husband went on title and she had my 85 year old mother sign a power of attorney. When my mother indeed took a fall and needed to have a short term hospitol stay we found out. My mother thought when she got back home it would be revoked. The problem is my sister arranged for my mother to go to a nursing home (which was to be temporary) for rehabilitation. Now she says my mom needs to remain there for care. Anyone of us would have my mother move in with us and would get a nurse to help. When we have tried to open this dialogue my mother is very receptive but my sister is adamant that she will never leave the home and reminds us that she has TOTAL control. Now after searching we find out that my sister signed over the rest of the home to my brother-in-law (her husband). She claims it was to protect my mothers assets because she is receiving ssi. doesnt that constitute fraud? He home should be used to give her a needed care not hause my sister & nephew. What can we do to revoke this?

Asked on 7/17/08, 1:09 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: power of attorney

If this can not be resolved by negotiation, maybe through use of an attorney to help you, then you might have to consider filing a Petition for Conservatorship to get a court order setting this straight. The 'stealing' of the house is a serious event that the court needs to get control of quickly before it is disposed of. Feel free to contact me if serious about getting legal help to protect her from what sounds like 'elder financial abuse'.

Answered on 7/17/08, 1:26 pm

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