can i reverse a power of attorney

Follow
Share

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????.

This discussion has been closed for comment. Start a New Discussion.
Find Care & Housing
18

Comments

Show:
If your friend is of sound mind and understands that he can execute a new POA, and knows the ramifications thereof, yes, he can do that, while also revoking the existing one. He can replace the second wife with someone who he chooses.

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?
(0)
Report

have a close friend 74, he fell down and hit his head, had surgery and is in a 24/7 care facility, he is sound mind, a little slow, but talks and walks, wants to go home, his 2nd wife has a POA, and does not want to ever bring him home to re-cooperate, she travels all the time, leaving him to rot in the facility, is there any way to reverse the POA and have him assign a new POA that cares about him? is this consider elder abuse? and can we do anything to get him out of there??
(0)
Report

I have a serious problem now I revoked a PoA from my brother and he will not sign a nursing home care application for her.
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.
(0)
Report

I have just heard that my son's 93 yr., ol grandfather, living in another city but same state, has sometime in the past year of two, has signed full PoA to his step grandson. After selling their paid for home, they moved the wife into the home with her son, and my son's grandfather has placed in an apartment with no home health care service or anything. Recently his wife died, he was not even taken to the funeral or allowed to visit her in the past 18 months that she was living with her son. I have heard that the step grandson and his wife will go over and take the grandfather food. I am not sure when or how this step grandson got the PoA since the grandfather has a living son, daughter and grandson in the picture. When his wife died, they did not even let us know. I found out by searching the obits in their town. I think the grandfather needs to be in an assisted living or something but, I have no idea where to begin. I know the grandfather "had" property ( land, etc. ) and lots of vehicles, etc. But, where they are now,.. no telling! In the meantime, I am sure that the step grandson is just spending all he can of their estate. How do you handle something like that? Living so far away, it is difficult for us to actually gather evidence.
(0)
Report

Only your dad can change the POA. Would he add someone? Is he competent in the sense that he would understand what it means to authorize someone to act on his behalf on financial and legal transactions? If so, help him change the POA. Sister has no say in the matter. It is entirely and completely up to Father.

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.
(0)
Report

my dad was diagnosed with alzheimers about two years ago. He lived athome with my to 2 brothers and on july 10 of 2012 he left home and walked the streets for 3 days and 2 nights and could not find his way home by the grace of god the police found him and he was placed in a very nice alzheimers unit my sister got a poa and told none of the rest of the family and now refuses to add anybody else on the poa and their is six of us. she is not finacialy stable and we think shes spending my fathers money. we already found out she obtained a loan that my father signed for recently and she refuses to give us any documentation about his finances. I really need some guidance on what to do to get another person on the poa so she cant continue to spend as she pleases
(0)
Report

Oh I forgot to add that my mother's care giver is on food stamps, free health care and now free property to live in.
(0)
Report

I think that the whole situation sounds pretty dysfunctional, but perhaps you can work with it harmoniously.

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.
(0)
Report

My brother is POA of my mother. He did not want her in a nursing home so she is at home with 24 hour care. The woman that took care of her is now moving into the property with her husband and four kids. I was told we now have to give notice when we would like to see my mom, at least a few days. My mom had a stroke and is nonverbal. I do not think this is a good idea at all. I told my brother I would move in with my mom but he said no. Crazy thing is I'm a nurse and work in an alzheimers unit.
(0)
Report

My question is how can my exs mother have her son sign the will and make her poa when he cant remember anything you say to him 5 min later. My ex is still in the hospital and his mom went today to have him sign the will. Is this legal? Should i get a lawyer? Do i have any rights as an ex wife with kids with him? Thanks
(0)
Report

This discussion has been closed for comment. Start a New Discussion.
Related
Questions