Legal Question in Wills and Trusts in Idaho

Brother signing Dad's legal documents without power of attorney. I have POA

My father became ill a few years ago, eventually my brother and his family moved in to care for him. I also go help care for him. I have power of attorney for my father. My dad is getting close to dying now, he has been mentally diabled for over a year now. A few months ago, my brother had my Dad sign over his house to him, (my dad would sign anything if you told him to, he isn't there any more, plus they told him if he didn't they would put him in a home) he had him sign over the house, unbeknownst to any other family member. The house was completely payed off. But after getting the house in his name my brother then proceeded to borrow $50,000.00 against the house. He and his wife, who is divorcing him, have been spending money like it is going out of style. What can I do about this? I am the one with power of attorney but I didn't know of this until after the fact. My dad;s will was to split everything 3 ways, now what will happen with the house. Plus he has been signing checks and spending dads money plus we pay him to care for him. Can you advise?


Asked on 10/04/03, 2:03 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Brother signing Dad's legal documents without power of attorney. I have POA

You need to immediately file an action to be appointed guardian and conservator of your father and his estate. If the power of attorney is not a durable power, then if your father no longer has his faculties, the power is no longer any good. I give a free half hour consultation in my office if you call for an appointment at 208-345-3817

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Answered on 10/06/03, 7:08 pm


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