Follow
Share

I don’t feel they have her best interest at heart. They haven’t seen her in years. What can I do to revoke their POA and become appointed? Her family has done so many illegal things to swindle my dad who had Parkinson’s and passed away and now my stepmom out of money and property. It’s really sad. Thanks

This question has been closed for answers. Ask a New Question.
Many states require 2 witnesses for a POA if it is real. It would have to be notarized. You can file for guardianship/conservatorship at a cost of a few thousand dollars. If she has no money left then you cannot be reimbursed. Here's what will happen. You will be the first to file in probate and that gives you some standing. Sisters will have to prodoce that POA to the court to see if it is valid. Is there some documentation from her doctor indicating that she had memory loss prior to the signing. These are things you will have to persue. She will need to see a doctor and sometimes 2 to file the state papers of incompetence that the court will need.
since she has no money then sisters are stuck with her. If you suspect she is being abused then you can notify APS for an investigation.
Helpful Answer (0)
Report

Your Stepmom is out of money and property? Then the one thing we DO know is that they aren't after her money.
You can certainly file for conservatorship or guardianship, but are you absolutely certain you wish to try to do this? If family fights you it is likely the conservatorship will be given to her direct relatives, esp since she DID sign over the POA to her sisters. It isn't necessary for an elder to be completely without any dementia to give POA. If this was done by a Lawyer he will have examined if she understands what she is doing. My brother already had a diagnosis of probable early Lewy's dementia at the time we did the POA and Trustee of Trust with his attorney; he did understand he was asking me to act for him in all ways, and his lawyer made certain of that.
I would examine why you really want to take this on, take it from her family. Then if you want to do so you can file for guardianship; an attorney will be provided to your step Mom, and her relatives with POA will be allowed to testify and the judge will make a decision. In a fought case this can be VERY expensive. See a lawyer to discuss. Good luck. I admire your loyalty to your stepmom.
Helpful Answer (0)
Report
Countrymouse Jan 7, 2021
The OP only states that the stepmother's sisters have swindled [her late father and] her stepmother out of property, rather than that stepmother's assets are now exhausted.
(0)
Report
You need to contact an attorney. How do you know she's not competent to sign a POA document? If her mental condition has been documented in her medical records, you may have a case.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter