Legal Question in Wills and Trusts in Pennsylvania
my grandmother had a stroke and put her atorney as power of atorney,he is unethical and ripping us off.at ,10,000 a month and then some.knowone knows what he is doing and he will not show us.
1 Answer from Attorneys
Well, that was your grandmother's choice and its her money, not yours. However, if the attorney really is charging $10,000 a month, that seems a tad excessive unless your grandmother had a multi-million dollar estate. If the power of attorney is up to something and not looking out for your grandmother's best interests then: (1) grandmother may revoke the power of attorney if she is mentally competent notwithstanding the stroke - she needs to review the power of attorney to see what it says about revocation. Usually, it involves sending a certified letter to the attorney agent. If the power of attorney was recorded, then the revocation also needs recorded at the Recorder of Deeds or Register of Deeds. I assume grandmother is a Pennsylvania resident and this would be governed by Pennsylvania law. If not, consult the laws of the state where the power of attorney was made as it may provide some guidance as to how a power of attorney can be revoked.
If grandmother is not mentally competent, then you or any other interested party can apply to the court to become legal guardian or to remove the attorney as agent for malfeasance. You will need to prove that the attorney really is charging $10,000 a month and that the work is not justified by the size and complexity of the estate or the duties involved.