Follow
Share

My great grandmother is 99 with dementia dating back to 2016. My cousin has been keeping her away from the rest of the family and has even changed her POA to himself. He's added his name to her bank accounts and also has bought a new $550,000 home with her money for him, his wife and her kids.


My great grandmother previously had a will done in 2006. The new estate lawyer my cousin appointed for her, states that the old will is no good and not valid. After many family members attempted to call or see her, he had my great grandmother put multiple restraining orders on everyone suggesting that she's scared of them. Now no one can call or visit her. Is it legal for her to have a new POA or will if she was diagnosed with dementia in 2016? Can this be appealed?


While cleaning up a room in the house an old phone of his was discovered. After searching through the phone, there are many videos he had taken of himself asking my great grandmother to be her POA. There is even a video that shows my great grandmother signing Successor estate and trustee documents, leaving everything to him and his wife. In many of the videos, which she had no idea were being filmed, she can be heard saying that her memory is very horrible and she forgets things all the time. Her new estate lawyer, who is looking out for the interests of him and my cousin, states that she is perfectly fine to sign the documents and she knows what she is doing.


Also, bank statements have started showing up at the house about my great grandmothers account. There are penalty letters from Chase about too much money being moved from savings to checking and even information about going over limits. She was never the type of person to spend large sums of money. My grandmother has a court date on Oct. 31 to appeal the restraining order placed against her by my great grandmother because of my cousin. They state no new evidence can be brought up at this hearing, but the videos on the phone and bank statements weren't found till after the first case. My question is, what can my family do to stop my cousin from going through with this process? At the last hearing, his lawyer presented paperwork to have all of my great grandmothers property and houses go to him as a trustee once she's passed.


Visits and calls have been made to APS(Adult Protection Services) and the DA, however no one has gave us clear information on how this can be resolved. Any help or advice on this topic would be greatly appreciated.

If you have medical documentation that GG has been evaluated and diagnosed with dementia, nothing she signed after that is valid. Call your local area Agency on Aging and find out how to get free legal representation for her. Good luck. How awfulmfor her to be taken advantage of like this.
Helpful Answer (0)
Reply to Ahmijoy
Report

thank you for your response. The phone was found in a storage container in one of the closets. He went to my grandmother house looking for his old phone before the restraining orders were put on. I have put all of the videos on DVD as well as USB drive. The only one that has an attorney is my cousin and great grandmother, who are both represented by her estate lawyer. My grandmother can't afford a lawyer and has been handling all of her cases pro per.
Helpful Answer (1)
Reply to JayM1140
Report

It’s surprising to me that the court says no new evidence can be brought to the hearing. How did you find this phone if there are restraining orders out against everyone? Was the person who found the phone (you?) in the house illegally? If so, the videos cannot be used since the phone was obtained by an illegal search.

Since there are attorneys involved, let them fight it out. They know what to say and when and how to say it. Provide any paperwork or proof you obtain legally to your attorney or the attorney for your grandmother. Might not be a bad idea for you to get your own attorney.
Helpful Answer (0)
Reply to Ahmijoy
Report

Subscribe to
Our Newsletter