i live in in wyoming &my father lives in ny; i have had his power of attorney since 2008, but never invoked it, and i was a joint owner on his checking account so that i could pay his bills should he become incapacitated. he is 90 years old & suffers from progressive dementia since 2011; in jan 2013 he had a serious car accident and was near death, after he left home at 1 AM to go to a doctor's appoinment; he was confused about the time; while he was in the hospital the doctor's advised me that his dementia was causing confusion, paranoia, poor judgement & poor impulse control; the state revoked his driver's license based on the doctor's reports. while he was hospitalized i invoked the POA
and paid his bills, taxes, contracted for repairs on his home (his insurance was to be canceled if repairs were not done), sorted his papers; the POA gave me the ability to re-imburse my expenses, which i did...reimbursed my travel from wyoming to NY; my father has been estranged from my brother for over twenty years & disinherited from his inter vivos trust back in 2008; i have been the only child to visit my parents, and my father, after my mother died in 2005, and have helped my father after her death; when my father was discharged from the hospital in march 2013, he tried to have me arrested twice by the NY state police for theft; the NY State police declined, as they found no financial mafesance on my part & the fact that i had a valid POA & was a joint account holder with my father; both times the NY State troopers talked to my father about moving to assited living or having a caretaker; both troopers reported to my attorney in wyoming that they felt he was incompetent to be living alone & making decisions; since then, my brother has re-appeared on the scene to visit my father & my father has attempted to withdraw over $150K from an account that i hold jointly with him; my father told the state police the money was for a real estate
deal gone bad, another time he stated it was for emergency spending; i was able to re-deposit the funds my father in June 2013 went to an attorney in NY, did not sdvise her of his history with my brother or of his dementia diagnosis, and revoked my power of attorney and removed me as a joint account holder and trustee of his trustand replaced me with my brother, whom my father hasn't seen in years, & who is in a foreclosure/bankruptcy action in NC where he lives.
my atorney in wyoming is asking my father's attorney in NY for medical documentation that overturns the previous diagnosis of dementia, and to look into possible elder abuse; my question is how can a person who has dementia, diagnosed for over two years, hire an attorney, and make changes to legal documents that were put in place several years ago? doesn't an attorney need to exercise professional due diligence and investigate, especially when an estranged family member suddenly reappears?