Legal Question in Wills and Trusts in New Jersey
My Grandmother is getting pretty old in age and is becoming a recluse with family. Her friends keep calling us telling us that they are fearful for her and that her friend keeps on bragging that she has power of attorney over my grandmother. How would I find out if this is true and also how can it be revoked?
3 Answers from Attorneys
You would be smart to take action now, before your grandmother passes away.
This sounds like a real problem.
I have been involved in many situations like this during my career. It can be really bad.
Call me if you would like me to assist you.
You could ask the friend for a copy of the power of attorney to confirm.
If your grandmother still retains capacity, she can choose to keep her friend as her agent or revoke the power of attorney and execute a new one.
If your grandmother is without capacity and the friend is not acting in her best interests, then a guardianship application with the court will be needed.
I offer my firm's website for your review of guardianship issues.
Best of luck.
First off, you need to have a conversation with your grandmother. It can be yourself or it can be with the family she may still trust. You need to find out if she has executed a will, and who the lawyer is that may have done the work. Then you can ask if she has done anything else, like make a power of attorney.....
You need to find out why she may have done this...was she asked to do it, threatened in some way, or did she think the friend was the right person for the job and has real reasons for saying so...if the last is the case, you really can't do too much. But if not, we need to immediately revoke whatever is out there and execute new documents.
Please call me or write back to [email protected] to follow up.
Mike'