Legal Question in Wills and Trusts in Tennessee

Valid Power of Attorney

My wifes grandfather has alzheimers, and her father, his son had a brain anuerism and is a druggie, making him incompetent. Her great uncle took a General Power of Attorney and placed her grandfather in a nursing home.

My wife has been completely shut off from her inheritance that her grandfather promised. He promised land, and his house to take care off should anything happen. Her great uncle is thinking of selling the land and house now, and says that he will ''keep her in mind''. The POA was signed while her grandfather was no longer capable, and has a provision in case he becomes senile that POA stays with my wifes great uncle.

Does my wife have any recourse of getting her inheritance, or is she shut out? Her great uncle got POA as soon as my wife made the comment that she was going to get one. But he did not have it filed for another three years. He also moved her grandfather from the nursing home without notifying her. Is there anything she can do?


Asked on 7/19/05, 3:10 pm

1 Answer from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: Valid Power of Attorney

Yes. If you believe it would be in your grandfather's best interest to have a conservator appointed to take care of your grandfather's affairs and preserve his assets, and you could convince the court that that person is you, I'd file a petiton to appoint a consrvator for your grandfather. This appointment would override any POA done prior to the conservatorship. I can help 423 266-4855

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Answered on 7/20/05, 8:40 pm


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