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????.
As to elder abuse, I assume you mean that 2d wife has placed him there against his will? This would depend on a lot of factors, including whether your friend has other medical issues, could live on his own in a home, and case law interpretation of what constitutes elder abuse, in your state and on a federal level.
The case law issue on interpretation and application of elder abuse is something an attorney would have to research.
As to your getting him out of the facility, offhand I think the best thing you can do is arrange for him to see an attorney and revoke the existing POA.
There's another unspoken issue and that is how and who is paying for his stay in the care facility. Is 2d wife doing so out of your friends' funds?
Is there any urgent advice to revoke the POA to his name as I tried to revoke to my name but was taken for aride by a BARRISTER who did not explain the procedure nor did he do the process correctly and took a lot of funds from me.
You sister has no legal requirement to keep you in the loop on financial transactions. But if all is above-board, why wouldn't she be happy to explain why Dad took out a loan and the current state of his estate? Try to work with her first.
If Dad won't change the POA and Sister won't cooperate about sharing information, then you are facing a difficult choice. If you think she is, in effect, stealing your father's money, you can report it to Adult Protective Services, and they'll investigate.
Sorry that you are going through this.
How often are you used to seeing your mom? Do you typically drop in every couple of days? Once a week? Can you present the caregiver with a schedule of your visits? (Tuesdays and Wednesdays, around 4pm, and Saturdays 10 am, for example.) And then call her when there are "extra" visits. A few days ahead? Ridiculous! I can see why dropping in unannounced might be unnerving but why on earth couldn't you call at 9 am and be there at 11?
In any case, I think I'd try to build a cordial relationship with the caregiver, whether the situation is fair or not. Your real goal is to see your mother, right? Not to fix all the injustices of the situation.
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.
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.
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.
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?
Please let us know how you do.