My father believed in his demented mind I had stolen his money from the bank. Why the banker couldn't explain the process to him is beyond me. He had me revoked as poa and moa. I did just at the attorneys told me to do, but the my father believes I've stolen his money. Instead of explaining that nothing had been not that was unethical she just removed me as their POA, and MOA. This attorney knows I've done nothing and I believe she had my mother sign off on paperwork to remove while my mother was unaware of why she was doing this. I taped recorded a conversation with mother she's in the hospital right now and was admitted for being confused and incoherent. This attorney is setting herself up to be disbarred.
If I'm wrong but the POA goes into affect when they get to this point I have doctors statements to support the facts how could she do this and get away with! She's tried to sell them on all kinds services, while we were there but I had it under control and told her this. Maybe I should count is as a blessing because she is going to cost him a fortune and he's already thinking people are stealing from him. This is part of the disease, this is an injustice to my family. Can someone help with this!
The only thing I know is if you have documented proof your father is mentally incompetent, then you can get an attorney to file for guardianship or conservatorship. It is costly. I live in CA and here it is around $5,000.00. It also can take up to 9 months but to speed it up you can declare it an emergency which will cost more. My suggestion is to seek the advice of an elder law attorney, not one associated with your parents attorney. Hugs to you!!
Being narcissistic doesn't disqualify someone from changing their POA. Making terrible decisions doesn't disqualify someone from making decisions. Only being judged to be incompetent (in the legal sense) prevents someone from acting on their own behalf. Do the documents you have from doctors specifically say your father is incompetent? Has a court ruled on this issue?
Your mother cannot change your father's POA, whether she is competent or not. Only your father can do that. So I am a little confused about what she was asked to sign. Did she perhaps also change her POA?
It is not up to the lawyer to decide whether changing the POA was based on good reasons. If the client wants it changed AND the client is legally competent, the client can have it changed.
So we are back to the question of your father's competency. Do you feel that he was competent to name you POA at the time that occurred, but not later when he removed you? How much time elapsed between naming you and removing you? What happened to his health/mental status in that period? What kind of documentation do you have of that cognitive decline?
I know that you are working very hard to try to see that things happen in your parents' best interest. Be proud of that, whatever the outcome.
I truly am sorry for you. You are trying to do the right thing by your parents. They don't want the right thing. And it sounds like they never have, even before the dementia. Don't continue beating your head against a brick wall.
My husband just went through a similar situation with a demented mother and a traitor son who stole my husband's and his sister's inheritance. He abducted my mother I law from our house and took her to her financial advisor and she transfered 75% of her trust fund to his name and the rest of the money to his sister, brother and all their kids.. The whole family went to hell because of the greed of a son. Now my husband is being kept from contacting his own mother who he had POA and pre needed guardianship from 20 years ago.. They poisoned the old lady to hate her own son and daughter (my hubby and his sister) and my poor hubby misses his mother since they had a wonderful relationship and he took care of her ever since his father died back in 1986 .. Now my husband lost his mother, his sons and daughter and in the midst of all the mess got into an argument with his sister (cause she teamed with his son about all the legal issues cause she wanted to keep the guardianship on the finances so my husband's son would not waste his grandmother's money and then the court would come after my sister in law's money for support of their mother ) so .. My advise to all of you is to support your spouse in distress and detach from the toxic people in the family .. The Laws in this country are CRAP! And helped all this group of greedy people separate a mother and a son who barely months ago were best friends and because dementia and poisoning from a greedy con artis now she sees him as her enemy .... Just let go of them .. Hand the hassle to other hands and free yourselves from toxic people !! Good luck all
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