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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

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I've never had a notary ask any questions whatsoever. If it is someone who knows me (insurance agent) they stamp the document. Otherwise I have had to produce identification to verify who I am. But never, ever, has anyone asked if I knew what was in the document, or "how is the president?" (I think he has a headache today.) :)

The lawyer made sure that my husband understood the documents. She did not ask if he knew what day it was. The notary didn't care at all.
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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.
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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.
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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.
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Having dementia does not automatically mean that a person is not competent to sign a POA. See this AC article: https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm

My husband signed the POA and medical POA documents after being diagnosed with dementia. His cognitive abilities fluctuated a lot and he also suffered from paranoia at that time. I told the lawyer that he might not be willing to sign at the appointed time. She said that was fine; she'd just keep coming back until she caught him in a calm period. Fortunately she only had to come once. She asked if he understood what the papers were for. He explained, more or less accurately, what they were for. She asked if he trusted me to make decisions for him. He did.

In our case there was no one who would have contested this. It was in everyone's best interest to have those documents in effect. So it never got tested in court.

I'm just pointing out that having a diagnosis of dementia does not necessarily disqualify someone from granting POA.
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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!!!!
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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.
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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.
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It may be that no one has Alzheimers, just a bunch of angry people. I would get two people for witnesses, revoke the trust, and start over. Of course, hopefully, if there is dementia, then two reasonable people won't witness anything and then the courts need to help. What if no one has finances to pay for legal help? That worries me. Good answers all. Or rather no good answers just wanting to help and hoping for the best all.
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Having gone through the very same situation in California, I would suggest hiring a lawyer that is on the super attorneys list who specializes in will contests. I had a very wealthy relative suffering from advance states of Dementia. Unfortunately, he had an attorney who wanted control over his estate and allowed him to make critical changes to his estate planning. These changes allowed his attorney to be a trustee, who benefited from the changes and allowed him access to all his valuable antiques. I tried to correct this problem, but unfortunately the attorneys assisting me made some legal errors, which barred the contest from moving forward. Therefore, everything my relative tried to protect while he was of sound mind was all undone by his attorney when he was severely mentally incompetent. There was no further legal recourse and the State Bar of California does very little to unethical attorneys. This attorney acted as a trustee in many of his clients estates, which is allowed in California. Every state is different, but I suggest the best solution for a favorable outcome is hire the best attorneys who specialize in will contests. They would be the best professionals to handle this situation.
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