Can we sue a family member for having elderly sign papers after a POA was issued?

Are you serious? You would try to sue people over paperwork to let the kids go to a certain school? I agree it should not have happened, but sue over what? Your reaction is over the top and you probably need to calm yourself down and get a better perspective. What would you win in a lawsuit? Wouldn't the drama of that just make everything worse?

The basis of a suit is that there has been a tort (a wrong) committed and someone that needs to be made whole. The aggrieved party is the board of education. If your grandfather were alive, he might be able to sue for endangerment, but since he's dead, that tort dies with him. I don't believe that you have any legal standing in this issue. But you should feel free to ask a lawyer.

Wait a minute. Where do the children live? Did they at that time actually live with their mother in their grampa's house? Even with dementia, it is entirely possible Grampa was not so out of it that he couldn't say who was living in his house. The person with POA was not his guardian, and really couldn't stop him from saying who was living in his house, whether she had a rent feud with one of them or not. Are you saying the children didn't live there and she "forced" him to lie and say they did?

The thing that seems questionable in all of this is getting a very sick man out of bed to do this. On the other hand, I got my very sick husband out of his hospice bed to tour the fall leaves a couple of months before he died, so it is hard to say whether that might have been a nice change of scenery for him or harmfully tiring.

I cannot imagine what on earth you could sue the BOE for. The correction for what you consider their negligence would be to kick the kids out of the district schools (if they don't live in the district). But you say that isn't what you want. What do you want? Did you suffer some damage as a result of their action?

Not every family dispute needs to wind up in court!

If you do ask an attorney about suing the BOE, please come back and share what you find out. We learn from each other.

What would you sue FOR? What monetary damages were done? I don't see you have a civil case here. There may be a criminal case if the government wants to charge her for using erroneous information. Really, though, I don't know which family member would have any standing to sue and what monetary damage was done. You can have the school address nullified if you wanted. Why would you want that? I am baffled. It sounds like some family dysfunction going on here.

To me this doesn't sound like anything a court would hear. If your father recently died, a POA is not valid anymore. The executor of the will would be the one in charge. Has the will be probated yet?

Pursuing the BOE makes no sense to me. The school was given false information. I don't think anyone ever drives out to verify addresses. The only thing I would see that would come from this is the children would be removed from the school and placed in the district where they live.

Who is the executor of the will? There is usually somewhere around a 6-month probate period. The executor probably would have been able to change the locks to protect the estate until it was settled. I can't figure out why she is suing you except maybe to stop people from entering the house or removing property. Makes no sense to me, but I think a large part of the story is missing here.

You are having a problem dealing head on with the problem you really care about, which is the house. Drop the issue of the school and suing the school board. Why sue them? That makes no sense at all. Face up to the real troublemaker. The school is just another victim, leave them alone.

I thought there were a lot of excellent answers, all very helpful. But since no one agreed with you, I can understand why you thought otherwise.

Hope everything works out for everyone in your family.

I will ask my attorney. Thanks of the comments

If your grandfather's house was left to 3 people, then 3 people own it. Is she one of the 3 people that the house was left to? Assuming she is 1 of the 3, the 2 other co-owners can go to the house, break a window & enter the home. The 2 other co-owners may also be able to have the 1 person thrown out, since they have majority ownership in the house. You can check with the police or a lawyer about that.

If she is not 1 of the 3 people that the house was left to, and she is living there illegally, she is trespassing & should be thrown out.

Don't go after the school or make waves with the kids----the kids didn't do anything & it will only damage them. Deal with the mother. Just remember that even if you do sue her, you can't get blood from a stone. If she has nothing, you're not going to collect any $$$$ from her.

Re: the house. It is now property of the estate, and under the control of the Executor. ONLY the executor can initiate an order of eviction. Talk to the Executor, do not harass the tenant, no matter who is living there. No contact, no interference, or you may land in jail for stalking.