Legal Question in Family Law in Virginia

power of attorney

I have elderly friends, a married couple. The woman has problems with memory, the husband is mentally stable. They have no living children. Their niece, whom they have not seen in several years has taken control of their finances. The niece lives in another city about 200 miles away. The couple has decided that they do not want her handling their affairs. The niece took all of their financial records,including wills. She has had her name added to their bank accounts. The elderly couple feel that they have been taken advantage of and want to undo what the niece has done. There is a substantial amount of money involved. What is the best course of action for these folks? Can the niece challenge any action they may choose to take?

Thank you


Asked on 11/28/99, 9:47 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: power of attorney

Using self-help, your friends could withdraw all funds in the accounts held jointly with the niece and set up new accounts without her name. They can ask the bank to give them copies of all statements since the neice took over their affairs. They can demand the niece return all records and their wills.

If the niece is uncooperative, they may need to secure counsel. If one of the couple is competent, the niece has little hope of getting a court to approve her as their conservator or guardian against their wishes.

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Answered on 12/06/99, 1:48 pm


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