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My wife (prior to our marriage) had a MRSA infection with other complications...cellulitis, double pneumonia, uti, shingles...she was admitted to the hospital several times to treat these complications. During her third hospital admission a friend went to her hospital room with a notary public and had her sign a durable power of attorney. My wife had been admitted to the hospital with altered state of mind, experiencing extreme confusion, and unable to follow or understand simple instructions due to her medical condition. The friend who was then her attorney in fact proceeded to place her in a nursing home and sell nearly all of her possessions. She then had her adjudicated incompetent. My wife has since been adjudicated competent and had all her rights restored. Was the durable power of attorney obtained in a legal manner since my wife was in an altered state of mind and unable to understand the possible damage it could result in when she signed it? Is it possible to reverse the actions of her former attorney in fact now that she has been adjudicated competent? Is there a statute of limitations that will effect legal action against the former attorney in fact?

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I think the first order of business is to establish why this friend was taking control and where you were during this process. That's not a criticism, but if you want to pursue redress, it would be a main issue as to what your standing was at that time.
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OlBlue, you would have to go after the judge who ruled her incompetent. The judge did not just go by the attorney's allegation of incompetence. The court would have demanded independent medical reports to prove without a doubt that the patient needed a nursing home. The court would have ordered the assets liquidated to pay for her care. It's not something you can undo.
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OlBue, may I ask where were you when all of this was going on? Or were you not in the picture yet as her husband?
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