My husband is 85 yrs old has cancer and dementia he was involved with a woman and I assumed he named her as an Agent in POA. I am 73 yrs old, good health my question is : How can I remove her being an agent of POA?
Let's take as the premise that the OP does NOT want to divorce her husband, and start from there.
An 85 year old man who has cancer and dementia has, over the last 5+ years, been ruthlessly preyed upon by a woman who is no better than she should be. Among other misdeeds, this Wicked Lady has misled him into creating a POA, making her his attorney, which of course has given her even freer access to his goods and income. She has also exploited him sexually.
The only way round the POA is an application for guardianship. In the course of such an application, the circumstances and operation of the existing POA would be examined, and if there's anything wrong it will be thrown out.
The OP can apply for guardianship; or she can present this history to APS and see if they will. If APS do take it up, it is also more likely that the WL will be investigated and - if she is a serial offender, or involved in organised crime even, which isn't impossible - prosecuted.
Kadochine, the bottom line is: make this all about your husband's right to be protected from abusers and criminals. Not about your rights as a wife.
Kadochine, as mentioned before by other writers, your only course of action is to get "guardianship" over your husband. That way an attorney can help you get back your husband's pensions to help pay for your household expenses.
On your other post I wrote to divorce him. I think this is the only way you can protect yourself. He may have to pay you spousal support and maybe half his pension. I wouldn't wait. You need to publish that you are no longer responsible for his bills. Hopefully you don't share credit cards. If so, you may want to find out how your name can be removed.
You need to call Adult Protection Services and tell them your husband is being financially abused. Hope you have proof he is incognitant. If she is receiving his SS and its not being spent on him then she is defrauding the government.
He can't appoint a POA by himself.She controls his money, his HMO everything and prohibited him to eat in my home saying."Be careful do not receive food from your wife because she can poison you," so he eats in the HMO .But she does not give the money to eat or have a coffe in Mc Donalds.A neighbor told me he was beggingfor money in McDonalds. She scares him with me so he will avoid me.Is a demond who came to my marriage,!
Any decision is handled for her.She comes in her car and pick him up on the corner of my house.God is the only who will get through with this.I do not trus anymore in the System.Lawyers said this is criminal but they do not have an answer.
This woman is married.He knew her 5 yrs ago when went to buy a car.The first conversation were "I do not have money to pay my rent"and so,so.and now she is taking all his 2 pensions.I have to pay bills.I asked advice to lawyers and they said" he is under constitution law ("free speech).She is a professional thief and he fallen in love.She is 45 yrs old.He is living in our home and do not give a penny.She is after the house.I live in Miami
Husband should have a copy of the POA if there is one. Do you know what lawyer drew it up? Does your County require it be on file? Do you know the woman to ask her?
If you husband can no longer make informed decisions, then he cannot revolk the POA nor assign you. Like said your option would be guardianship which is very expensive and time consuming. You need to go thru the courts and a judge makes the ruling.
My husband gives her all his mail.I am tired of the law nobody solves this problem.She is getting his pension from Florida Retirement System.She opened an account through internet and control the money.I called FRS and said "we only send the check to the address that he gave us."
Is he still involved with her in any way? Does she want to be POA? You say you are caring for him, so perhaps she would give up POA to you if your husband agrees. You certainly need legal advice on this.
Kadochine, you mentioned that you "assumed" he had named this other woman to be his Power of Attorney.
Was the Power of Attorney currently made, or back some years ago when your husband was seeing this woman? If some years ago, it could be possible she was named POA. A person can name anyone as their Power of Attorney, even their mail man, if that person accepts the position.
And as the other writers had mentioned, is your husband able to read and understand a Power of Attorney? Sometimes there are times during the day when one is more clear minded than other times. Set up an appointment with an Elder Law attorney to update all the legal documents.
Now a days, POA usually have two names, original POA and a back-up POA. Also Medical Directives are common. And a new Will to be sure your name is in his Will and not the other woman.
He call her every day but she never answer.ONLY the day of the payment.He lost his car.I do not understand lawyers and the HMO realize that he is insane.He bought a brand new car for her, son,and husband.He gave to Lexus his car and now his transportation is walking.He says this morning "I have problems with my memory I do not remember nothing".He does not read.So is easy to be involved in fraud.The woman works in a hot line.This is his weakness.I talked with the police and they say the same:"We can not do nothing .Is his will."Only get a Baker Act in court. I am disappointed with the Legal System.I do not see my legal rights as a wife.
See an elder law attorney to determine if POA can even be assigned/reassigned now. Otherwise you would need to obtain guardian and conservator that would be assigned by a court.
I quit with the Lawyers.The woman is a Professional Thief and advise him what to say and what not to say.I am not sure if he named her as an Agent of POA.
Only your husband can appoint a POA for himself. Is he well enough to see an Elder attorney? He may still be competent enough to reassign his POA. He needs to see an attorney.
An 85 year old man who has cancer and dementia has, over the last 5+ years, been ruthlessly preyed upon by a woman who is no better than she should be. Among other misdeeds, this Wicked Lady has misled him into creating a POA, making her his attorney, which of course has given her even freer access to his goods and income. She has also exploited him sexually.
The only way round the POA is an application for guardianship. In the course of such an application, the circumstances and operation of the existing POA would be examined, and if there's anything wrong it will be thrown out.
The OP can apply for guardianship; or she can present this history to APS and see if they will. If APS do take it up, it is also more likely that the WL will be investigated and - if she is a serial offender, or involved in organised crime even, which isn't impossible - prosecuted.
Kadochine, the bottom line is: make this all about your husband's right to be protected from abusers and criminals. Not about your rights as a wife.
No disrespect meant, but why are you tolerating him being a total arse? Divorce him and get whatever assets are legally yours.
No one may have POA either.
On your other post I wrote to divorce him. I think this is the only way you can protect yourself. He may have to pay you spousal support and maybe half his pension. I wouldn't wait. You need to publish that you are no longer responsible for his bills. Hopefully you don't share credit cards. If so, you may want to find out how your name can be removed.
She scares him with me so he will avoid me.Is a demond who came to my marriage,!
If you husband can no longer make informed decisions, then he cannot revolk the POA nor assign you. Like said your option would be guardianship which is very expensive and time consuming. You need to go thru the courts and a judge makes the ruling.
Was the Power of Attorney currently made, or back some years ago when your husband was seeing this woman? If some years ago, it could be possible she was named POA. A person can name anyone as their Power of Attorney, even their mail man, if that person accepts the position.
And as the other writers had mentioned, is your husband able to read and understand a Power of Attorney? Sometimes there are times during the day when one is more clear minded than other times. Set up an appointment with an Elder Law attorney to update all the legal documents.
Now a days, POA usually have two names, original POA and a back-up POA. Also Medical Directives are common. And a new Will to be sure your name is in his Will and not the other woman.
See an elder law attorney to determine if POA can even be assigned/reassigned now. Otherwise you would need to obtain guardian and conservator that would be assigned by a court.
Is he well enough to see an Elder attorney? He may still be competent enough to reassign his POA. He needs to see an attorney.