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leslieann3583 Asked October 2016

POA obtained even though grandfather has dementia.

My grandma passed away several years ago. Before her death, herself and my grandfather created a living trust. Since grandma has died, grandfather remarried. My grandfather now has dementia, and his current wife has somehow obtained his POA and is starting to combine assets and spend TONS of his money... what can we do to stop this before she gets into the trust and spends it and sells the home that is in the trust?

jeannegibbs Oct 2016
A person with dementia can give POA. My husband did. The lawyer asked him if he understood what the papers he was about to sign meant. He said, "That Jeanne can make decisions for me if I can't, and she can handle all our finances." That was good enough.

Do you really know all the details of their finances that freqflyer mentions? If you do and you have any evidence of coercion or undue influence you could call APS and asks them to investigate. I don't suggest this if what you have is just a vague suspicion.

freqflyer Oct 2016
One can have dementia and still have times during the day where the brain is in the here and now. Do you know if your Grandfather gave his new wife Power of Attorney by having the POA drawn up by an Attorney?

When your Grandfather got re-married, and if he had a lot of assets, did he get a pre-nup signed by his new wife? I assumed that a new Will was made, and probably the Trust had been updated, or changed into a different type of Trust. If Grandfather did that while in clear mind, that was his choice to do so.

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