I have a serious question regarding Power of Attorney

[SEAHAWKHARRY]

Dad in hospital fell has two broken bones upper spine going to rehab also diagnosed with Dementia ..didnt find out for 4 days after fact found out his wife's kids got power of attorney on both of them 4 months ago with not contact of us. Can we contest POS on my father?
Thanks in advance

[The Kraken]

First off, yes. Power of Attorneys can be contested, get an attorney.

Do you feel like the current power of attorney is not acting in the best interest of you pops? Was the dementia just diagnosed and was your pops in his right mind when he selected his power of attorney, meaning can you prove that he was not?

This is a serious uphill battle. Work with his wifes kids to make sure you have a say and influence the situation. Might be the better way to go

Maybe Donk can check in

[CWD]

if they did behind your back they most likely planned well

dirty filthy people do this lowest of the low happened all over my family and relatives

maybe if you spend serious cash with lawyer but i doubt it youre on outside, maybe signed with dementia angle u can play

good luck

[shadymcgrady]

The only play is to prove the dementia influenced his decision in signing over which would be difficult and expensive

[cincinnatikid513]

dementia is tough my parents had it not easy deal with

[magaman]

reason #186 to not get married

[cincinnatikid513]

hopefully u have good relationship her kids they wont pull a stacy sager on u

[gauchojake]

Harry I am sorry to hear that about your pops. If your step-siblings are otherwise reasonable people maybe you can work something out.

[CWD]

Harry I am sorry to hear that about your pops. If your step-siblings are otherwise reasonable people maybe you can work something out.

otherwise reasonable thats a good one

[HurryUpAndDrink]

This is a shitty, shitty situation man... hope you can pull through and help the old man...

How is the relationship with the steps?

[CWD]

harry if one thing u can take solace in its that its usually the legit people that get fukked over in these situations

u seem like deep down good guy, so you fit the profile. its really no consolation but once in while it might ease the hurt just a little bit

[BadNina]

Dad in hospital fell has two broken bones upper spine going to rehab also diagnosed with Dementia ..didnt find out for 4 days after fact found out his wife's kids got power of attorney on both of them 4 months ago with not contact of us. Can we contest POS on my father?
Thanks in advance

It would be hard to do. You would have to prove he was coerced into it. They will then say you don't have a close relationship and will point out that the reason you didn't find out about his current injury and medical condition is that you didn't check on him for over 4 days. The onus will be on you to prove otherwise.

Now, did they get a full POA including medical? Because those can be 2 different animals.

[mrpapageorgio]

Is it a regular PoA or a durable PoA? Depending on the state, a regular PoA is no longer good once he becomes incapacitated. Durable ones are the ones you need to have in case you want a loved one making your decisions on your behalf if you're incapacitated. So if they went the DIY route, they may have drafted the wrong kind and can be challenged based on that if your state differentiates them.

[d2bets]

Power of attorney doesn't mean you can't see or talk with your dad. If they try to prevent, it could build evidence of bad-faith. If it's a financial POA, then it makes them fiduciaries requiring them to act in your father's best interests and requiring them to keep records of everything they do. And if they benefit after becoming fiduciary, there might be a presumption of fraud. If you get evidence of them doing anything not in your father's best interest, report to authorities or talk to attorney about guardianship.

[VeggieDog]

He must have had a good reason to give them POA. Would he really want you to undo it?

[magaman]

He must have had a good reason to give them POA. Would he really want you to undo it?

Family tends to think one should not be in charge of monies when they know that you like to wager games. Just my own experience

[SEAHAWKHARRY]

Yeah thanks for info..we just want what's best for dad. But also make sure we are involved in decision making. The steps and us never really clicked..cordial at family functions they are older...my dad and stepson moved out of state 15 yrs ago. But we kept in touch and visited been a while since last so heading down I'll look at POA and try and work with the steps.for my dad's sake just want him happy so we will see where this takes us our family is behind us so we will choose which road to take soon

[mrpapageorgio]

Power of attorney doesn't mean you can't see or talk with your dad. If they try to prevent, it could build evidence of bad-faith. If it's a financial POA, then it makes them fiduciaries requiring them to act in your father's best interests and requiring them to keep records of everything they do. And if they benefit after becoming fiduciary, there might be a presumption of fraud. If you get evidence of them doing anything not in your father's best interest, report to authorities or talk to attorney about guardianship.

They're still fiduciaries even if it's not a financial POA since they would have fiduciary duties as a guardian if they're making medical decisions or other decisions like living arrangements. Still have to act in his best interests.

[TheMoneyShot]

Dad in hospital fell has two broken bones upper spine going to rehab also diagnosed with Dementia ..didnt find out for 4 days after fact found out his wife's kids got power of attorney on both of them 4 months ago with not contact of us. Can we contest POS on my father?
Thanks in advance

Sorry to hear this. I just had the same situation that happened to my Dad in 2015-2016. Once a medical doctor claims a patient has Dementia or any mental disorder... it's very hard to challenge and fight a Power of Attorney. The only chance you have.... if Medical Records prove prior to the signing of the Power of Attorney... that your father had a Mental Disorder. It's the only chance you have.

If you can somehow prove that prior to the signing of the Power of Attorney that your Dad's mental situation wasn't stable.... the court would then have a hearing to prove who would be your Dad's Guardian and Conservator. The judge wants to pick a family member that's best suited.... but if the Judge believes no one would be best suited... the judge will order the STATE to be Guardian and Conservator of your father.

If you can't prove a mental illness prior to the signing of the Power of Attorney.... you could hire an attorney.... but I promise you.... it would be a very extensive battle.... and could cost you 10k minimum.

Again, truly sorry for your situation. I wish you all the best.

[PittsburghPlayer]

strong support system is helpful

[jjgold]

Harry hang in there, you will have a battle on your hands if planned well by those scums

I think your going to need a top attorney , weigh all your options

[toga toga]

In terms of the POA, probably best to see an attorney and determine the overall status.

Some questions you need to ask yourself.

1) do you think your dad has dementia
2) what are those with the POA doing for your dad.
3). Is this about money, your dads well being or both.
4). Who has been taking care of him prior to the fall - if he had dementia someone would ave to have helped him.

Good luck.

[SEAHAWKHARRY]

Yeah thanks so much for all the info Pittsburgh your great man but I think that is ok. I'm just pissed the the steps didn't want us to know..and I want to ensure my dad is getting best possible care if that is napping I'm good with them having POA. But there are red flags 1steing no communication to the sons and being hush hush on all if this. I'm gonna get to the bottom of this and just make sure Dad is good and taken care of if not ...then there will be a fight.he has 5 bros and sisters that are backing us up also

[shadymcgrady]

Good luck harry and keep us informed if it's not a privacy problem. I've been involved on both sides of that equation either directly or indirectly over the years. Rly brings out the ugly in the worst people

[magaman]

Okay I guess I will take all sorts of shots for saying the obvious.... but here it is.

From the limited information that has been divulged here, it appears that your dad's life has a whole bunch more involvement with his 2nd wife and their family. Like over many years and at the choice of your dad. It also appears to me that you and your dad are not really all that close. You learn about legal matters and health concerns way down the line.

Let it go. Be a good guy. Unless other information is provided, I would assume that the peeps in charge here have his best interest in mind. If you really care, make a personal visit and see your old man. Not with an agenda to take control. Just visit the ol man and try to make him smile.

I'm guessing a few others are reading this the same way. No you can bash me for stating what seemed to be obvious. As for an honest answer to your original question, I have no reason to think that trying to contest would be successful and I fail to see the reason to do so. If you can cite bad behavior by the in-laws then maybe...

[magaman]

I had a falling out with my dad a few years back. He said and did a few things that were just wrong. No need to get in the weeds... we didn't talk much for a period of years. So I finally decided that he was not going to "come around" and apologize for some really bad things, so I actually just let it go. We now are close and talking daily and having a great relationship. He is in his mid-70's but is aging more like he is in his 80's. I just decided one day that the issues between him and I were not worth throwing away a good relationship. Everybody can use this advice in some way or another with somebody they know and love.

[SEAHAWKHARRY]

Okay I guess I will take all sorts of shots for saying the obvious.... but here it is.

From the limited information that has been divulged here, it appears that your dad's life has a whole bunch more involvement with his 2nd wife and their family. Like over many years and at the choice of your dad. It also appears to me that you and your dad are not really all that close. You learn about legal matters and health concerns way down the line.

Let it go. Be a good guy. Unless other information is provided, I would assume that the peeps in charge here have his best interest in mind. If you really care, make a personal visit and see your old man. Not with an agenda to take control. Just visit the ol man and try to make him smile.

I'm guessing a few others are reading this the same way. No you can bash me for stating what seemed to be obvious. As for an honest answer to your original question, I have no reason to think that trying to contest would be successful and I fail to see the reason to do so. If you can cite bad behavior by the in-laws then maybe...

No I've kept in touch and have good relationship with him . They moved out to boonies years ago away from both sides dad's dream to live up in mountains. We ..went there few times with kids to bust call him every two weeks .health was getting bad I could tell by voice but Dad very very private about that..Communication was always there up unroll last couple months we en had a heath and welfare check on him when phones were cut off.Dad forgot to pay bills we discussed this as a family and his sister brother went up to see him and said he was ok but is starting to to get things. We were discussing what to do when this happened and we found out steps took PIE 4 months ago not disclosing or contacting anyone on our side.

Again as long as Dad is taken care of I'm ok with them having POA but there are red flags ad it's my duty as a son to just make sure it's on the up and up my brother is flying out tomorrow I'm going Superbowl weekend

[GT21Megatron]

Two types of POAs. Regular and Durable. Durable means it has specific language on how the POA can be revoked. The problem is if he can’t make decisions on his own right now then ultimately there will need to be a lawyer involved if you feel like the current POAs are not living up to there end of the deal and don’t have your dads best interest at heart. I would find this information out sooner then later because depending on what type of money he has I’ve seen it disappear quick in certain situations. Best of luck man.

[magaman]

Okay... I guess maybe I misread the situation. Best of luck with the legal stuff... I still think this would be swimming upstream so at least be sure it is worthy of doing so.

[SEAHAWKHARRY]

Thanks for info we are researching this as well my brothers wife is a nurse and has hands on dealing with these and with families so we are just beginnings this road..but really just looking forward to seeing my Dad soon to make sure he's taken care of and to just show him were here and love him. He's a big Football fan so I'll spend Superbowl with him in hospital to watch game sneak him in some of his favorite snacks if I can . Again thanks for all the info we are checking into these issues. Love this forum for the people who help by giving solid info.thanks again SBR

[SEAHAWKHARRY]

Okay... I guess maybe I misread the situation. Best of luck with the legal stuff... I still think this would be swimming upstream so at least be sure it is worthy of doing so.

Yeah we're not gonna fight POS unless we see a pattern of neglect or no transparency. But we will fix the issue on mot informing us of these medical issues .I have a right to k ow when my Dad is in hospital or sick..period..hes my dad I'll fight that shit.

[magaman]

Yeah we're not gonna fight POS unless we see a pattern of neglect or no transparency. But we will fix the issue on mot informing us of these medical issues .I have a right to k ow when my Dad is in hospital or sick..period..hes my dad I'll fight that shit.

No argument there. So what you seek is honesty and transparency. You mentioned you don't get along great with the inlaws so much... nothing new or different there. You will need to put that aside, and come at them from a different angle. Be humble and ask that they do you a favor and keep you in the loop. Who knows maybe they will surprise you and you will have the transparency you want.

[SEAHAWKHARRY]

No argument there. So what you seek is honesty and transparency. You mentioned you don't get along great with the inlaws so much... nothing new or different there. You will need to put that aside, and come at them from a different angle. Be humble and ask that they do you a favor and keep you in the loop. Who knows maybe they will surprise you and you will have the transparency you want.

Yeah we talked about that and will do thanks magaman

[MinnesotaFats]

Listen

I went thru this with grandparents and a father.

If there are any assets start talking to a lawyer asap. Usually its a house that doesnt get divided up properly, estate administration fees consumed by one party or a trust that isnt on the up and up.

Its always a money grab. Dont ever think for one second they care about you or your father.... you are not blood.

Lawyer up and wait. Better to spend $5k now and get guy up to speed than have to come from behind later.

[stevek173]

Nothing a few of your boys some shotguns and some whiskey can't clear up.