Legal Question in Wills and Trusts in Indiana

Re: Power of Attorney

A guardianship or conservatorship ought to be sought over grandmother to counteract the power of attorney. The Indiana courts require doctor's statements concerning the prospective ward's ability to make rational decisions based on the progress of the ward's age and general state of health, as well as the effect any particular condition from which he or she suffers, such as Alzheimers. Powers of attorney may be revoked by the guardian or conservator or by the court at such time. The person acting as attorney in fact should be provided notice of the proceeding along with the ward and other members of the family (generally adult children and occasionally siblings). However, since this question seems to be posed for both Indiana and Florida, it will be very important where grandmother lives vis-a-vis where the family lives. Does a responsible adult relative live nearby who can handle affairs? Or will grandmother be moved to another state or location for the purpose of the family caring for her? Depending on how long she has been living independently and not in the neighborhood of the family and whether she is in the early stages of her condition, it might well have been reasonable for a person she is confident in to handle her affairs rather than having a family member do so from afar or having to incur expensive travel costs to see to grandmother's affairs. One alternative to jumping into litigation (which is designed to protect grandmother as well as determine that she is incompetent) is to visit with her and the new attorney-in-fact to get a better idea of what is happening and what her mental state is. The mere diagnosis of Alzheimers is not indicative of an immediate and complete incompetency. Most elderly persons who have been on their own fight like crazy to remain independent and get a little perturbed that the family sticks their respective noses in through fear of losing independence. Letting grandmother know you love her and care for her and want to keep an eye on the attorney-in-fact or work with this person may be a better response. However, if grandmother's doctor has determined that she is in an advanced stage and should no longer live independently, discussing the situation with her may not be an option and the discussion should be first with the attorney-in-fact to make sure grandmother's interests (not your prospective inheritance) are being taken care of.

Re: Power of Attorney

I read Mary Ann Wunder's response, which looks complete and sensible.

Re: Power of Attorney

You might be able to argue that this non-family member exerted undue influence. Does the facts fit this scenario? You might also be able to assert that your grandmother was not competent when making the change. However, eventhough she has been diagnosed with Alzheimer's, they will likely counter that she made the change during a lucid moment. Be advised, this can turn out to be a nasty and expensive fight.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. I would be happy to meet with you

Good Luck, Elliot Jay Goldstein (offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.