Home » Money & Legal » POA & Guardianship » Discussions » can i reverse a power of attorney
sonya
Give a Hug
My father had a stroke. My ex husband who has a drug record has gained power of attorney and now owns half my dads house. I feel that my father isn't in good hands with him , I am now being told to stay away from my father. I am an only child so I am totally stressed and confused how this all happened. Can I reverse this power of attorney and if so how long will it take?..I was not prepared or forwarned for this.is that normal and is that legal for my ex to take half the house..my dad is in diapers..slurred speach and very hazzy memories..and has been robbed literally by my ex husbands aquaitances..isn't this soe kind of fraud..elderally something????.
Print
Email
Add Your Comment »
Carol Bradley Bursack
Sep 22, 2009
Please see an estate attorney right away. You will need legal help to do this, but you sound right in your intentions. There's no way you can do this alone.
Please let us know how you do.
Take care,Carol
(0)
Report this Post
Bronzecouch96
Sep 23, 2009
I noticed in recent replies to questions to ' see an estate attorney'.
Some people recommend working with an estate planning attorney, while others recommend a working with an Elder lawyer. What exactly is the difference between the two types of attorneys?
Like this (0)
ksue5036
We had to get POA back from one of my brothers who was taking all our moms money.We had a attorney send him a letter stating that we would take him to court. It worked. But your case might not be so easy.Get help as soon as you can. I hope you the best of luck. I have heard and an elder attorney is best in these cases but any attorney is better than now.
ezcare
Sonya,I smell a rat! Since this is YOUR father, how did your EX-HUSBAND manage to get POA in the first place? Did you see the originalpaperwork yourself (this is a legal document and usually requires some kind of certification or seal from a state government authority. You must see the original--not a copy) If you did not see the document and your EX refuses to show it to you, then I would skip the attorney part and go directly to the police. And even if he has such a document, find out who certified it. Go to that person and tell them exactly what you have related here. They may be able to revoke it because you are a blood relative--you EX is not. If none of this works then you do need an attorney but make sure you find one who is experienced in elder law--not just estate matters. This would only be an Estate issue if one of your siblings had the POA or if you you were not divorced and you shared POA with your husband. Act FAST because the longer you let this go the more your EX gains in legal standing and the harder it will be to revoke the POA. Also investigate gaining Guardianship for your father. That will not save the house but will allow you to call the police if you suspect your father is being abused by your ex husbands acquaintances or anyone else in his house.
Like this (1)
OnlyDaughter16
Sep 24, 2009
I completely agree with EZCARE. Something is not right. I am an only child and have POA for my mother. It was not easy getting POA, as my mother had to demonstrate that she understood giving me POA meant I could get house etc without her approval. She also had to demonstrate that she was in her "right mind".
I cannot imagine an attorney granted a POA to an ex-husband, if they knew there is an only daughter. Either 1) attorney was lied to 2) attorney is deceptive 3) there is no attorney and it is a fake document.
Suggest you immediately do 3 things - 1) contact the attorney who issued the POA and find out the circumstances 2) contact the police to inform them you think something criminal is going on 3) contact social services in your community and see if they will investigate your father's condition to see if he is "mentally sound" and his "physical care" is proper. You may need these reviews to counter the POA - if indeed it is legal.
Good luck.
Good point about the estate attorney vs. an elder attorney. I suggested an estate attorney because they are the ones who generally draw up POAs. But the way, I too wonder why the ex-husband has the POA. My only guess is that many elders still think a man should do this, and he was the only man available. They had no clue the marriage would fall apart, so they thought him the best choice.
An Elder Attorney may, indeed, be a better choice here. Which ever you choose, get some references if you can (since this is private stuff, they may not be able to give out names, but ask around and you may get word-of-mouth help). Check credentials. Check with your state. Make sure this person isn't going to make matters worse for you or over-charge for the services. Your state bar association should be able to help with the credential part and may even have some kind of fee-sechdule.Carol
seaver45
Sep 27, 2009
I am very aware of these types of POA situations because I am Court-Appointed Guardian for an elderly Ward. My Ward has no living parents, never married, has no children and appointed her childhood best friend as her POA. Unfortunately, when she needed her POA to step in, the POA was in a Nursing Home unable to take care of herself any longer. All states have Guardianship programs, however, the particulars of a Guardianship can vary state to state. Understandably, this is truly the most restrictive scenario for resolutions of these problems. Anyone can petition for Guardianship through an Attorney. (There are some attorneys that specialize in Guardianships). The attorney will initiate the process that will culminate in a hearing presided over by a judge. In this case a judge will decide if the petitioner, you, or the person presently taking care of your father, your ex-husband, is the most legally responsible party to be in charge of your father. However, if this process is pursued it might be neither of you would be appointed. Sometimes it really does take a serious examination by a non-partisan person (like a judge) to place the right person in charge of a loved one.
Please stay on topic or start a new discussion.
Have a question? Just need to vent? Find answers and support from the real experts - other caregivers!
Should I pay off my grandma's house? Answered 2 mins ago by bilmo2012
The Caregiver....How are YOU doing today? Comment 9 mins ago by bilmo2012
What is the ONE thing you wish you knew before you took on being a caregiver? Answered 54 mins ago by Dtflex
My biggest fear is my disabled, depressed mother will run out of money and will have to move in with me. Answered 2 hrs ago by jeannegibbs
Grossed Out? Need to Vent? Just caught Mom using my toothbrush to comb her hair! Comment 2 hrs ago by cricketinafp
More From The Community »
Sign up for our newsletter and receive practical tips and support for caregivers
Like AgingCare.com on Facebook
To use this feature, you must be a member.
Just what a caregiver needs to make life a little easier. Join AgingCare.com for FREE!
Access the Caregiver Forum
Answers and support from caregivers and elder care experts.
Receive Helpful Caregiving Information
Articles on providing care, senior health, financial and legal matters, and more.
Create Your Personal Account
Customize your experience to see what is important to you and your unique caregiving situation.
Already a Member?
Login to your account
Screen name or email address:
Password: