Legal Question in Wills and Trusts in Kentucky

What is the difference between a General Power of Attorney and a Durable Power o

My mother gave her son-in-law her general power of attorney. She did not know what she was signing. He has transferred her estate into his wife's name. Mother is now in the nursing home what can i do to get her estate back.


Asked on 9/29/00, 8:57 am

1 Answer from Attorneys

Rick Sommer Law Offices of Rick J. Sommer

Re: What is the difference between a General Power of Attorney and a Durable Pow

If your mother did not know that she was signing a power of attorney to her son-in-law, it is doubtful the power of attorney is valid. If the POA was not a "durable" power, and your mother became incompetent after executing the POA, the POA expired at that time. I would suggest contacting an attorney to explore the potential issues of fraud and theft. If your mother's estate was divested, and not returned to her, she may also experience problems qualifying for Medicaid coverage when/if she runs out of private funds to pay for her nursing home care.

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Answered on 10/29/00, 9:16 pm


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