Legal Question in Elder Law in New Jersey
My 74 year old aunt gave a friend power of attorney while dealing with the illnesses of her husband and daughter, after her husband died, she asked me for help. she revoked the friend's poa and gave it to me. i handled several financial transactions for her with the poa. recently the friend told me that my aunt could not take back her poa from her without going to court. she stated at all the transactions i handled were fraudulent because she still had poa. she also stated that my aunt had dementia at the time she gave me the poa. i had no knowledge of my aunt's medical condition when i took over the poa.
1 Answer from Attorneys
The burden is on the person with the prior POA to prove that your aunt has dementia. Word of advice: check your aunt's assets (bank accounts etc.) f to see if there was any signicant reduction subsequent to the other person's POA.
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