Legal Question in Elder Law in Colorado

conflicting Power of Attorneys between brothers

Mom has Alzheimer's. She set up POA before being diagnosed with son A as the POA (three years ago). Also before being diagnosed she decided to build a home with son A to move in and live with him. A few months ago, son B pressured her into setting up new POA designating him as POA. Two weeks later this POA for son B was revoked by attorney at her request. A month ago, she had a stroke and has been in nursing home since then. Son A enacted the POA then. Son B has been moving money around even though his POA had been revoked and will not return the money (40K) that is now needed to care for mom. He also opposed decisions about her care and requested an investigation from Adult Protective Services on false grounds that mother was not being cared for (she had not been declare incompetent until she had the stroke so son A was no legally responsible for anything). Son B is after the money. Son A is now living in the house build for him and his mom and worried that if somehow the POA was overturned if hw couldlose the house that is jointly owed.


Asked on 12/28/09, 9:14 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

I am sorry for the problems. You need to contact an attorney with experience in guardianship because it appears that the court will need to get involved if you cannot resolve this amicably.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel for advice regarding your specific circumstances.

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Answered on 1/03/10, 10:24 am


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