Follow
Share

My grandmother's POA (an attorney) just revealed that they plan to resign. The situation has become more complicated than they are willing to deal with. My grandmother was exploited financially in the past by a "friend" who had to be removed from her home by the police, and now another family member (let's call her Ruth) is attempting to exploit her. Ruth hired a lawyer and somehow managed to convince him to go to the memory care facility where my grandmother lives and have her sign a second POA document for this lawyer, even though she is mentally incapacitated and has a dementia diagnosis and already has a POA.

Obviously that document is invalid (right?), but I'm afraid that the resignation of the current POA will leave my grandmother with no protection from Ruth and the amoral lawyer. My grandmother is running out of money, and the POA needs to sell her house to continue to pay for the memory care facility. I'm sure Ruth's plan is to take the money from the house and run.

I have no legal authority, and I feel completely powerless to protect her from the people who are crawling out of the woodwork to take advantage of her.

I know the POA was considering pursuing a professional legal guardian to give my grandmother extra protection, but that process takes time, and I don't think they'll wait that long to resign. Can I get the second lawyer disbarred for what he did? Is there a way to protect my grandmother from having everything stolen from her?

Find Care & Housing
In my state, a POA must be revoked in writing and notarized. Notification must then be sent to the POA that they no longer hold POA. Only then can a new POA be named, and it must be legal and notarized.
Helpful Answer (0)
Reply to Fawnby
Report
Soybean Oct 16, 2024
Thank you for the response! Do you mean for the second lawyer that "Ruth" hired? Since my grandma has been deemed mentally incapacitated, I don't think she can revoke anyone's POA. I'm assuming it would have to be challenged in court, but I don't know if it has to be a certain person who brings the case or if anyone could hire a lawyer to do it.
(0)
Report
You have an attorney resigning here because of how complicated this case is already. The thickets surrounding this family squabble are thick indeed, I think and his resignation lets me know that I couldn't conceivably have any idea whatsoever on this particular case or the particulars thereof.
I can only refer you, if you have an interest here, to consult your OWN attorney, and to know that this sort of legal wrangling is going to become very quickly very expensive.
Best I can do is wish you luck.

If this is moving toward a court appointed guardian then honestly, this attorney who is resigning, if grandmother isn't competent, is having to RESIGN BEFORE THE COURT. That is he must be relieved from his POA duties by a court. That means the court should/likely IS holding grandmother's assets in safety until this can be worked out. If you are able to speak with this POA I believe that's what he will tell you.
Otherwise, you are down to hiring your own attorney simply so that that attorney can have "access" to see where this all is legally standing.

This is a family dispute, clearly. I wish the courts good luck.
Helpful Answer (0)
Reply to AlvaDeer
Report

Ask a Question
Subscribe to
Our Newsletter