I am the only heir to my mothers estate and have POA over her. My sister is suing me to revoke my poa and have get gardianship over my mother and her estate she does not know she is not in the will will she be able to do this not being an heir
POA and/or guardianship are about caring for someone while they are still alive and are absolutely separate from the Will - which deals with the distribution of the estate after death - and anything it may contain.
hunter08, let the Judge sort it out. Your mother will be called to testify about her choices. If she cannot remember what is in the Will, ah well, you have a problem.
Your sister is suing you? Huh? Is she charging you with neglect or abuse? Is she applying for guardianship through the courts? That is the only way it can be done -- not through suing someone else. If you object to her being the guardian you have a right to present your views and observations. When family members fight over guardianship the court can award it to a third party who does that professionally. I wonder if your sister knows that?
I think we'd need to know more details about this conflict in order to be more helpful.
Yes and there have been reports of third party guardians putting the elder in a home and preventing any of the relatives from seeing their loved one. Usually in these articles, all the assets are spent on taking care of the elder and on their guardianship expenses. Try to work things out with your sister for your mothers sake. Consult a mediator. Once it goes to court you two could lose your mother entirely.
Your sister theoretically should be suing your mother, not you, as you didn't create the POA. But I certainly wouldn't raise that issue with anyone other than the attorney defending you.
From what you write, your sister doesn't have legal "standing" to sue you. Or your mother. Granting proxy authority under a POA is an individual's choice; your mother has no obligation whatsoever to choose your sister.
I hope you've got an attorney to represent you as a good attorney would either countersue for harassment, or file a motion to dimiss or for summary judgment based on the fact that your sister has no standing to sue you.
My guess is that the sister is petitioning the court for guardianship saying that hunter08 has abused her/his position as POA and hunter has received formal notice of the fact... not actually a law suit. Hunter needs to get all her/his receipts in order to show that there has been no malfeasance and get legal representation.
Your sister will be applying to the courts for guardianship because she is not confident that you are using your Power of Attorney as you ought to to take care of your mother.
Does she have any grounds for that belief? What do you think she is going to tell the court?
No one can really answer this as there are not enough facts here. What is the suit? Where was it filed? What are the accusations, or basis of the suit? We don't know if there is economic or other abuse involved, or what kind of guardianship is being sought (over the person, over the money (estate) or both. What does the will have to do with it? Is your mother of sound mind? Odd that you say you have "POA over her" - a POA is generally granted by the person, who must be of sound mind, and it is to be executed and used to carry out the wishes of the person, and not in substitute of their judgment. In most, if not all states, neither the POA nor the guardian can personally benefit from their position. Expenses are compensable - in guardianship, with the approval of the court, with a POA, with the approval of the grantor of the POA - but you cannot sell their belongings, use their money for anyone but them, or anything else without approval. A will has nothing to do with any of this, except that as guardian, you may be able to write a will in accordance with the wishes of the ward, but you cannot benefit from the terms of the will. If anyone does provide themselves personal benefit it can definitely be challenged. If the subject of the POA is no longer of sound mind, the POA can be revoked by the court and a guardian appointed. As you can see, there are no "simple" answers, and giving the few facts you have here are just not near enough to provide answers.
OP has left the building. Hunter anybody can ask the court to do anything. It does not matter to the court who is in the will. A stranger could obtain guardianship if the court is satisfied with evidence showing the current arrangement is not in the elder's best interest.
Your Mom appointed you only ur Mom can revoke POA. Like said the will is separate. POA is no longer in effect upon death. I'm assuming you r executor. I do hope that your sister is mentioned in the will. I have heard living a person just a dollar they can't contest
I think we'd need to know more details about this conflict in order to be more helpful.
Your sister theoretically should be suing your mother, not you, as you didn't create the POA. But I certainly wouldn't raise that issue with anyone other than the attorney defending you.
From what you write, your sister doesn't have legal "standing" to sue you. Or your mother. Granting proxy authority under a POA is an individual's choice; your mother has no obligation whatsoever to choose your sister.
I hope you've got an attorney to represent you as a good attorney would either countersue for harassment, or file a motion to dimiss or for summary judgment based on the fact that your sister has no standing to sue you.
Does she have any grounds for that belief? What do you think she is going to tell the court?
Hunter anybody can ask the court to do anything. It does not matter to the court who is in the will. A stranger could obtain guardianship if the court is satisfied with evidence showing the current arrangement is not in the elder's best interest.