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My father and mother have been married for 45 years he made his brother POA. He gave him full power to include signing deed, checks etc. My fater never put my moms name on the house or bank accounts. Could my uncle sell the house and empty the bank accounts with my fathers name out from under my mom. Leaving her homeless and broke.

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Would your mother also benefit from seeing a psychiatrist? Is there undiagnosed depression, anxiety, ptsd? She might be helped by therapy, by meds or a combination of the two.
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Thank you everyone. I have given her two good lawyers name she has called. I wanted to get more information so I could write her very specific questions to ask the lawyer and give her more informaiton to think about. However, I have decided I would go with her to the lawyer and if I am able with her permission go in there and speak with the attorney myself I have several questions and hopefully it will be resolved soon. Or as I told her she can be prepared for the worst rather than just reacting to it.
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G it's all well and good to say that your mother can stay with you but what about when her needs begin to outweigh your ability to handle them? Everyone needs to pay their own way these days.

Please take your mom to see an eldercare attorney, most will give you a free half hour consult. It may be the wakeup call these bullies need!
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I'm sorry to say this, but your mother can see a lawyer, or you can take advice on her behalf about her rights once your father passes on, but unless she's prepared to act on that advice and stand up for herself it's a waste of everyone's time and breath.

Normally I'd suggest speaking to your father and asking him what provision he has made for your mother in his will; but I'm guessing that he would tell you the equivalent of not to worry your pretty head about, or, worse, would be indignant that you dared to ask. All the same. The power to guarantee your mother's financial security, and to reassure her now that provision has been made for her, is currently in your father's hands. Do you trust him to make sure she's taken care of?
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I am hoping she will do something but that is why i am posting the question to find out what can legally be done and what is the right way to go about it. Bottomline is she has a place to stay with me if everything goes wrong and I can take care of her. But she endured a lot, stays by my dads side and helps him and doesnt deserve to have to start over at 70 years old. As I told her their money is their money and I don't want any of it I just want to make sure she is taken care of.
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Mom needs to see a lawyer. In most states, surviving spouses have property rights .
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So, is your mom upset by this? Upset enough to do something about it?
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Maryland.
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Not in AZ. What state are you in?
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Thank you for the answers. My father has been abusive and controlling of my mother their entire married life. I moved away so he could no longer control nor be abusive. So the fact he doesn't trust his wife or children is more to the fact he want control till the day he dies. His brother cheated on his wife and stole from her I have every reason to believe he would do it my mother.
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Is your dad still alive? Is he competent? Is he aware of what his brother told your mother? Does your mother have any assets of her own?

Perhaps mom wants a divorce. That would be a way for her to force equitable division assets.
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If father is still competent, he can revoke that POA and make a new one. He can also leave the POA as is, but re-title house and bank accts to make mom JTOWROS (joint owner with right of survivorship). Or he could do both -- Revoke poa, making a new one, and re-title all his possessions. Also keep in mind, poa ends when dad dies. So if there is a Will, perhaps mom is named in that as primary beneficiary? Maybe contact lawyer who drew up the poa. Is mom not competent to make use of home/bank? There could be a Trust set up for her benefit, overseen not by dad's family, but by the bank, or some neutral party. Or you could file for guardianship of dad and mom, and your dad having made his family in charge of his wife (essentially ) could be used as evidence of dad not being able.to make sound financial decisions! After all, what man in his right mind wouldn't leave his wife heir to their home & bank.accts?
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A POA actor is required to make decisions in the best interest of the person over whom they have this power. Most POAs are 'revocable' which means the guy granting the POA can change his mind any time, summon the attorney, and rewrite it. Usually the previous POA is supposed to be notified they are no longer holding that title. Most POAs are effective immediately. It would not be legal for Uncle, upon your father's passing, to dump your Mom and sell the house, etc. The money is to be used for her benefit. You could protest this turn of events legally. Hopefully there is a second name on the POA document identifying somebody in the next generation down; Uncle might not be up to it when the time comes to fulfill his duties. What happens if Uncle dies before your Dad or becomes incapacitated?
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Your uncle could do all that and he would go to jail for it. Usually these appointments are made to protect someone. Mom has never handled money, so she would not be very good at it. Dad obviously trusts his brother more than he trusts his children. Something to think about.
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Because my fathers side of the family is not trust worthy but stick together. I have many examples of their underhanded behavior but that is not for this site. So far he has been caught in a number of lies and today he told my mom as the POA he could do what he wanted.
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Curious why you would think your Uncle would do that to your Mom?
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