Wills and estate/eldercare law
Question
my father suffered a massive stroke.
Somehow his girlfriend has acquired ''durable'' power of attorney...
And she learned she was not mentioned in the will and she is (so i have learned) acquired an attorney and is making a new will???
Can she do this?
I am seriously questioning her interests, as well as her gifting....
1 Answer from Attorneys
Re: Wills and estate/eldercare law
She cannot draft a new Will for your father utilizing the Power. However, she can gift and/or tranfer assets pursuant to the powers granted in the Power of Attorney document (sometimes to herself).
You may be able to have the "power" revoked if you have probable cause to believe that she is not acting in good faith and abusing her powers. You may also commence suit against her for monies frivilously consumed.
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