Legal Question in Wills and Trusts in Indiana
a dear friends' poa is not following her wishes and she wants to revoke it....but she has dementia....and somedays she is sharp and somedays she is not..... what do i need to do to assist her in this situation....she has also asked for money for a haircut...she had money and paid her bills just fine before poa took over....we seem to think they are using her money.....is there anything we can do to help her in this situaton
2 Answers from Attorneys
If she has dementia, she will not be able to revoke the POA. You or someone else will needto obtain guardianship.
You should speak with a local attorney about the matter. If she is not competent (and it sounds as though she may not be), then she cannot revoke the Power of Attorney without going to court. And once there, a showing has to be made of fraud or some kind of fiduciary failure on the part of the attorney-in-fact. Suspicion will not suffice. You will have to have proof, some kind of evidence. Bottom line: You are unlikely to get anywhere without the aid of an attorney.
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