Legal Question in Wills and Trusts in Missouri
power of attorney
question? recently came across a patient with dx of mental retardation and paranoid schizophrenia....she has been disabled her entire life since a difficult birth...she has the mentality of a 12 year old...her sister had her sign over power of attorney, notarized that she was in full mental capacity, in other words, capable of making this decision to assign poa to her sister....however, she is not...this same sister also took her to social security to become her representative payee, can this be done legally of is there a way short of expensive guardianship and court time to have this questioned? thank you for any help you may have....
1 Answer from Attorneys
Re: power of attorney
You can contest the care and dispostion of a mentally incompetent person by means of and application to become the Gaurdian and Conservator of this woman. This would cause the Sister acting under the POA to come forward and show the lack of need for a G or C estate. It is invloved, sometimes expensive, and not adviseable without an attorney.
However, just because this gal is not as her age would indicate, she may still have the necessary capacity to appoint her Attorney in fact and Payee for SS benefits. Do you have any indication that her sister has misused her authority or powers? If not, you may not want to use the formal process for a fishing expedition. Have you tried talking to either women about your concerns?
Good Luck
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