What can I do if my ex-husband appointed his son as power of attorney while suffering from Alzheimer's?

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What do I do when my ex husband to be of 27 years appointed his son to be his POA when he was in the throws of alzhiemers?we have been married 27 years,,my husbands son talked him in to allowing him POA,,about a year ago,,we had no money for a year due to this and we had no food and the bills and mortgage were not paid for the last 2 months,,his son packed him up and I was abandoned without a cent,my case is now in the hands of the court and my husband does not want his son to remain his POA,,they are not speaking now, they moved him to a different town where he lives alone,,he has called me and is distaught, and wants me to recieve the half of his pension he has been recieveing for 13 years, and wants his son out of his life,,,what are my chances of recieving what by law I am intitled too, I am 64 years old and am a breast cancer survivor,,,also under psychiatric care for 13 years and can not hold a full time job at this point....we have a case management hearing on the 16th of January,,his son will be there, can I speak my mind to the judge? can a POA be reversed in my favor if my husband wants to revoke his sons POA rights? thanks
Judi

Answers 1 to 10 of 26
You need an attorney versed in elder law.
One would think that your husbands son did it while your husband was not in his right mind. I would also think that you need to bring to court a lawyer and your husbands medical records.
Good luck.
I have to agree with the previous two comments. You need a lawyer and his medical records. You also need to support what you put in the post about the financial abuse as the courts do not like this kind of abuse of elders. Good luck!!!!
Like all stories, there are two sides. That's why we have courts. Keep in mind that a P.O.A. must be witnessed by at least two adults and notarized by a lawyer or a Notary Public . It is a gift and can be revoked by the donor at any time. Upon the donor's death, it automattically ceases to exist.
No such thing as " in the throws of Alzhiemers's" It is a disease that must be documented by a physician. It has eight stages.
How is POA revoked? Seems extreme to need a court and lawyer. Should also just need Two adult witnesses and Notary to reverse what Two adult witnesses and Notary to reverse what instituted. If the law is logical, which it is often not.
ruralwannabe, revoking the POA is simple, and is done by the principle. I think it is complicated in this case because the principle has dementia (is he competent to sign this legal document? Was he at the time he signed the first one?) and he has been moved out of his home and his finances have apparently been tampered with. Plus there is an ex-wife involved. I think the law about how to establish and revoke POA is pretty logical, but the circumstances here are complicated.
I agree with the first two answers you need an atttorney, and must prove he had alzhiemer's. when this was done.
Good Luck
Judy,
Interesting case. KIndly let us all know how it turns out, even if it takes years.
"Ex-Husband"!!!!
Are we to guess you had an "Divorce and Estate Settlement" in the past?
Did you spent your "settlement money" on medical bill due to your illness?
If so I would guess most judge's would hesitate turning over someone's Pension Income after a divorced settlment.
After a divorce/settlment the judge might simply look at any spouse as an Ex-Spouce without any claims on assets.
Another point would be if it can be proven that POA was signed while someone had alzheimers which might lead the Judge to Appoint a "Court Appointed Trustee".
My guess is the lawyers will keep filing for extensions until they bill you both broke.
Good luck.
Kindly keep us informed down the road.
You state that your ex had Alzheimers. Well, then he still has it. So any point you try to make about what he wants now, has little to do with the problem. Legal help, as suggested, is the only answer. Hugs, Corinne

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