Legal Question in Wills and Trusts in Pennsylvania
Change in Power or Attorney
My sister has obtained Power of Attorney for my mother without involving me, her brother. The decisions she has been making financially and medically are in question. My mother is not happy with her decisions and would like to live with my family. My sister is planning on putting her in a home without giving her a chance for the quality of living that she would prefer. My mother is very unhappy and we do not know how we can obtain these decisions because my sister has depleted all her funds and we do not know how we can afford legal counsel on our own expenses. Where do we go from here? My mother does not have alot of money to work with. Therefore, we would prefer not to involve guardianship because of the exhorbitant costs involved. I would like to obtain Power of Attorney but I do not know where my sister has put the only money my mother had.
2 Answers from Attorneys
Re: Change in Power or Attorney
So long as your mother is not legally incapacitated, she may revoke any power of attorney and create a new one.
Please check with local estates attorneys to see what they would charge to prepare and make sure that a new power of attorney is correctly completed. They may also be able to assist your mother in recovering her assets if your sister wrongfully took them.
If you cannot afford the attorney's fee for preparing a new power of attorney, you may check http://www.legalzoom.com/pricing/poa_pricing.html. I do not know this website, but they say that they offer reasonably priced services that may be within your means.
You must be aware that a new power of attorney may be challenged by your sister or any other interested relative, who may claim that your mother either was unduly influenced by you to make that change, or that your mother is not sufficiently mentally competent to create a new power of attorney.
If your mother IS mentally competent, she cannot be placed in a home against her will by your sister. Your mother can make her own decisions and take her own actions, even if she is physically in need of assistance.
Re: Change in Power or Attorney
Check with your County's Office of Aging. They will file guardianship proceedings at little or no cost. Your sister can be made to file an account showing how the money was spent, but that would involve expense.
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