My mother gave me Power of Attorney in 2003 (through an attorney). She has since been diagnosed with dementia. My sister took my mom to a notary public and had her sign a statement revoking my POA and granting POA to my sister. My sister immediately went and closed the bank account ( this is a sister who sent me an invoice for $17,028 for time spent with mom this year). My mom would sign anything you put in front of her. Anyone could have done this. Is there anything I can do? How can a notary accept a signature from someone who clearly does not understand what they are signing (you don't even have to be with mom 2 minutes to know she does not understand)? I have applied for guardianship, but that takes several weeks and my mom's assets could be gone by then. What happens if I am granted guardianship and my sister has all mom's money hidden somewhere?
2 Answers from Attorneys
I suggest contactng an attorney who can then write a demand letter to your sister explaining the legal consequences of her actions along with a warning that, if this matter cannot be resolved informally, it will end up in court.
If you are successful in being appointed as guardian of your mother's estate, you would have the necessary authority to file a lawsuit against your mother's agent on the power of attorney (your sister) for breach of fiduciary duties, as well as concealment of assets that properly belong to your mother's estate.
Whether you can win this lawsuit will depend in large part on the quality of evidence that you can collect and present to the Court; if you are not being represented by an attorney on your guardianship application, I suggest that you consult with one promptly. All the better if they have experience with contested guardianship actions or other litigation.
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