Legal Question in Family Law in Indiana
power of attorney
my brother had a stroke a year ago and his wife ( of 3 years ) named herself power of attorney the day after his stroke.he is now home but has limited walking ablilty and is unable to talk but is mentally aware of what is going on and wants me to help him. she is selling off his personal property that he had before they were married rapidly and is spending his monies like there is no tomorrow and i suspect that all of savings may be nearly gone. can he or i revoke her power of attorney and if not how can help him
2 Answers from Attorneys
Re: power of attorney
First of all, one cannot just name themselves to a power of attorney. Your brother had to sign a document giving her a power of attorney. So I am not sure if you have your facts straight or not.
It is unclear what his health condition is, but if there was a power of attorney and he is competent, then can revoke the POA.
If he is not competent, then about the only thing I can think of is a guardianship. That is assuming that the new wife is selling things off and not taking care of husband.
Get on the telephone tomorrow to an attorney.
Re: power of attorney
he can revoke it. You can not. Likewise, she could not name herself as POA. He had to do it. See an attorney asap.
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