Legal Question in Wills and Trusts in Pennsylvania
Abuse of Power of Attorney
The current situation is that a co-power of attorney exists between two parties caring for an wealthy, elderly woman with Alzheimers. The POA letter states that
both parties must be in agreement to whatever decisions are made. One party refuses to acknowledge the other party's POA and constantly violates the POA agreement. The estate is worth over $1M. We are contemplating legal action to have the person's POA revoked. This person is also the Executrix and primary beneficiary. She's proven many time she can not be trusted. I need some advice on this course of action. We can prove many abuses, I'd like to know what kind of chance we have of having her removed.
1 Answer from Attorneys
Re: Abuse of Power of Attorney
The chances of having the person removed depends on the quality of evidence of abuse. In all probability the remedy is to tear up the POA and have the court appoint a gaurdian. I cannot imagine the court allowing one person with POA having a Cotrustee removed and assume complete control.
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