Legal Question in Wills and Trusts in New Jersey
I'm so appreciative of any help I may receive. My grandmother is near 90 years old. My father lived with her for recent years until feb. when he passed. My father had alchol problems, but did well to help and watch over grandma. 2 years ago -while I was living away from the area, grandma gave power of attorney over everything (including welfare of my mentally ill uncle (who also stays often with grandma), over to a family friend she trusts-yet no- one else in the family does. I tried last year to have myself added as (co-power), yet her lawyer at the time felt (I agreed)- that grandma is too far into alzheimers type ilness to make an acceptable decision to change things. Ultimately I am fine with grandmas prior choices, yet the woman whom she chose is clearly against anyone over her shoulder and is happier with my fathers+my absence. I understand that I have a checks+balances stance once grandma passes-to address concerns of how her $ was spent, but I've absolutely no say on what happens with her + uncle at the hands of this woman who has proven shady in the past. Last week (because I questioned her 'borrowing' yet more of grandmas property, she called a meeting with grandmas lawyer. During a conference call at this meeting, I expressed how it seemed to me that my grandmother had been influenced (as seemingly in past) to make decisions she was voicing over the phone (ie: that myself nor my brother could even spend a night where we had grown up all of our lives, etc??). I did so and angered the lawyer who hung up on me as a result- (I was not rude), but I knew grandma said no such things in my presence, never wouldve in past, and was always a family first tye person. I'm truly sorry for the length of this, but wanted to be specific. I don't wish to step aside and let this woman go against the will of my grandmother trying to condemn me with her lawyer-(whom I now distrust as well). What might I do to prevent future detatchment from helping with my eldest loved ones life? I fear the worst in the long run. I've always had a good relationship with my grandmother, can I prevent a woman who may do much more harm than good and the lawyer who is supporting her from keeping me (the ONLY capable person left in the family), from having any say, to prevent it?
2 Answers from Attorneys
You may wish to explore bringing an action for guardianship of an incapacitated person. A guardian would have control over the person and/or property of the ward (your grandmother). This would include asking the court to terminate the power of attorney given the family friend.
Your posting is unclear as to how your grandmother gave power over your uncle to someone else. Did your grandmother have power of attorney or was she his legal guardian? Typically, these powers cannot just be delegated to someone else. It is unclear to me by what authority the family friend purports to have any legal ability to deal with your uncle's affairs.
I suggest that you consult with a local attorney to explore ways to address your concerns.
Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.
A guardianship is the proper way to go. I suggest that you meet with an Attorney such as myself so that you can understand the process and the cost involved. Call my office for a free consultation and mention this email.
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