Contesting a Power of Attorney can it be done?
My father has been diagnosed with dementia and he is 76 years old. I have talked to him several times about a POA.
My brother and I are on my fathers checking account and that was done so that if something happened to me or my father things could continue to run smooth. Well my brother has been removing money from the account and using it for his ownself and schooling. I discussed this with Dad and I asked who do you want to have his POA and he said you(meaning me). The account was changed without telling my brother what was going on and he found out and Dad told him he did not know what he signed.
Now my brother says he is going to contest the POA first because he was not consulted and second due to my fathers diagonosed condition.
Now I got the POA on May 12, 2004 and the attorney that was used, talked with my father and he felt my father was mentally competant to sign the POA. He went to see his doctor on May 28, 2004 she is a neurologist who has been seeing him him for at 1 and 1/2 years. I asked her at that time if he was capable of making his own decisions and she said no. But I told her about how sharp he was when questioned by the attorney about the POA and she said that was good,and was glad I now had my father's POA.
1 Answer from Attorneys
Re: Contesting a Power of Attorney can it be done?
Such disputes must be resolved by your local probate court by filing for a guardianship over your father. Guardians can also go back against the adult child who wrongfully used the parent's money for himself. Go see your lawyer who prepred the power of attorney and ask him to start a guardianship proceeding.
Related Questions & Answers
-
Theft of family member from bank of alzheimer's patient i recently learned that my... Asked 3/20/04, 11:33 am in United States Indiana Elder Law
-
Power of attorney who they have to account to our problem is a death in family of... Asked 2/28/04, 5:38 pm in United States Indiana Elder Law
-
Cost of guardianship If I apply for a guardianship for my father, and am granted the... Asked 2/03/04, 2:49 pm in United States Indiana Elder Law
-
Power Of Attorney Would like to know of how to obtain a power of attorney that has... Asked 4/05/03, 4:28 pm in United States Indiana Elder Law
-
Power of Attorney If a Power of Attorney is prepared by a lay person and notarized,... Asked 9/19/02, 10:34 am in United States Indiana Elder Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
