Follow
Share

A person that is not a blood relative has taken our parents from their home in Tennessee and moved them to North Carolina, and somehow gotten them to sign Power of Attorney to her without her even notifying myself or my brother, we are very concerned after speaking to our parents and our uncle who also agrees they are being kept there against their will? They have a home in Tennessee we live in Indianapolis, and they both are in bad health, we have spoken to them and asked them if they want to move back to Indiana, and they told us yes, we are willing to get them set up with an apartment in a retirement village and look after them, she is trying to sell their house and we have no idea what she is doing with their money, my father has a pension from the Indianapolis Police department and my step mother has a pension from nursing, we want to revoke her power of attorney and take it over for our parents since we feel like our father had no idea what he was signing! Just need to know where to go to get this taken care of ?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Gotcha! Thanks!
Helpful Answer (0)
Report

Geevesnc, if the power of attorney says that she can sell their property, the POA can sell property. Depends on the language of the document. That is why it's so important to use legal advice in preparing one...
Helpful Answer (2)
Report

AND, just because she has POA does not mean she can sell their house. POA acts on behalf of the person, not in lieu of them. She is overstepping her authority.
Helpful Answer (0)
Report

You cannot revoke the POA. Your parents need to sign a new one. This could be really hard to do with their movements are restricted

I think you need to go there. I think you need to bring the local police with you.

If your parents do not tell the policy they want to leave...then they and you are stuck with the situation.

I can understand they cannot get away without help. But..they must be willing to help themselves.
Helpful Answer (1)
Report

I think you just need to go there and have both your parents do a new POA making you the POA and have it notorized and witnessed, bring some witnesses with you. And also have them evoke the old POA if needed. I think you should try this before trying to prove they are confused because if you prove they are confused and unable to know what they are doing then they cannot sign a new POA for you and you would have to go to court. Just show up there and have your parent go with you to Sign a new POA. Research the requirements for a POA in North Carolina. Sometimes you can print the forms off the internet. Or just go for a durable power of attorney so after they are unable to make decisions you will not have to go to court to get the DPOA, you will already have it.
Helpful Answer (1)
Report

Mrautry, it's very important to understand that only the person who creates a power of attorney can revoke it or override it by creating a new one; and that person also has to be of sound mind to create a power of attorney.

So if you're going to claim that your father wasn't capable of creating this power of attorney, then he can't create a new one for you, either. You can't have it both ways.

What you're contesting is the validity of the POA that your father and step mother have given to this mysterious woman - you say that you believe your father had no idea what he was doing. Get legal advice - there are too many questions about what went on, what the POA covers, and all the rest of it.

Have you actually managed to speak to the woman involved? Is this a person you know?
Helpful Answer (2)
Report

It's difficult to say what is going on, but, consulting with an attorney in NC might be a good idea. They can revoke the old POA and make a new one, as described above, this wording is in the same document. I sense that you are concerned that the couple are not free to leave. Is that it? I'd ask for legal advice on how you might confirm this.
Helpful Answer (0)
Report

This sounds like a form of kidnapping. I would talk with a lawyer soon!
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter