I have a serious question regarding Power of Attorney

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  • Bostongambler
    BARRELED IN @ SBR!
    • 02-01-08
    • 35581

    #36
    Use a elder affaires attorney if you haven’t got one yet. They will direct you properly in the steps that need to be taken. Good luck
    Comment
    • shadymcgrady
      SBR Posting Legend
      • 02-27-12
      • 10036

      #37
      Fats is correct, better to be safe than sorry. The red flags are there
      Comment
      • Auto Donk
        SBR Aristocracy
        • 09-03-13
        • 43558

        #38
        Originally posted by 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
        well said, not much to add, it will come down to whether, under your state's legal standard/stattues, he had the capacity to willingly execute it and all the formalities (required number of witnesses, etc.), were followed..... lay people often fuk these up if they did it without an attorney's assistance.....

        strict adherence to the statutory requirements under your state's law and him being of sound mind at the time, you'll definitely be fighting an uphill battle.....

        check his will, if he has one, as that will still dictate what happens to his assets should things take a turn for the worse....
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        • shadymcgrady
          SBR Posting Legend
          • 02-27-12
          • 10036

          #39
          And revised or multiple wills if any. I've seen trophy wives and step kids use them to their advantage even when they weren't the most recent versions
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          • stevek173
            BARRELED IN @ SBR!
            • 03-29-08
            • 27598

            #40
            Originally posted by Bostongambler
            Use a elder affaires attorney if you haven’t got one yet. They will direct you properly in the steps that need to be taken. Good luck
            Why in the world put an e on that?
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            • firedawg
              BARRELED IN @ SBR!
              • 10-08-08
              • 39219

              #41
              Originally posted by stevek173
              Why in the world put an e on that?
              Molester
              Comment
              • A4K
                SBR Hall of Famer
                • 10-08-12
                • 5243

                #42
                Originally posted by 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.
                Comment
                • TheMoneyShot
                  BARRELED IN @ SBR!
                  • 02-14-07
                  • 28672

                  #43
                  Originally posted by 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
                  I just want to reiterate one thing... a Power of Attorney does not need to specify to any family member or siblings in what's going on with the condition of your Dad. That's not their duty. You would only assume in "goodness" they would explain what's going on to all family members... in regards to your Dad's health.

                  I agree with what Minnesota said... it is about money, positioning, and leverage. It's a shame that family members do not care about how comfortable your Dad is.... they care about leverage against other family members.
                  Comment
                  • SEAHAWKHARRY
                    BARRELED IN @ SBR!
                    • 11-29-07
                    • 26069

                    #44
                    Yeah it sucks will know more real soon and will deal with it
                    Comment
                    • TheMoneyShot
                      BARRELED IN @ SBR!
                      • 02-14-07
                      • 28672

                      #45
                      Originally posted by SEAHAWKHARRY
                      Yeah it sucks will know more real soon and will deal with it
                      No one even told me when my Dad died. I don't even know exactly where my Dad is buried. I have an idea.... but that's how sick family members are.

                      Once someone gains full control of a loved one.... they have all the rights in the world against you.

                      The only way I knew my Dad died.... the court told me.... but they waited 90 days after my Dad's death to notify me. (Never even got to go to my Dad's funeral.)

                      You get so angry during the entire process.... but once it's over... you say to yourself... just another lesson learned in life. I'm not angry anymore... God takes care of everyone. You need to believe and have hope.
                      Comment
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