Legal Question in Wills and Trusts in Missouri
Power of Attorney
I was living out of state and my mother became ill and mother signed for a family friend to be POA. Mother since had been admitted to a nursing home with Alzheimer's and I have moved to her city to be there for support of her. How can we have the POA revoked and myself be made POA since I am now living in her home and seeing about her daily? Mother would not be deemed competent to make that decision now.
1 Answer from Attorneys
Re: Power of Attorney
What you propose is very difficult. The best place to start is by looking at the poa documets. There may be a plan for successor Attorney in facts. Have you discussed your plan with the present person acting under the poa?
If your mother is incompetent and incapacitated, you would need to show that she was not competent, nor had capacity when she executed the POA documents, or that she never did. This is no easy task. The Court will be reluctant to step into a properly executed poa election, where there has been no misdealing by the present attorney in fact.
Based upon the limited facts you were able to provide in this forum, it is impossible to give you specific instructions as to how best to procede. For that you will need to consult an attorney in your area.
Good Luck
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