How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask GeorgetownLawyr Your Own Question

GeorgetownLawyr
GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12047
Experience:  Experience in Probate matters, including will contests and civil litgation related to estates.
46665915
Type Your Estate Law Question Here...
GeorgetownLawyr is online now
A new question is answered every 9 seconds

My father had Alzheimers and gave POA to his new wife. One

Resolved Question:

My father had Alzheimers and gave POA to his new wife. One year later she got a reverser-mortgage and spent down basically his only asset, his house. Can I sue the bank for the sum of the reverse-mortgage because the POA was void due to his incompetence?
Submitted: 11 months ago.
Category: Estate Law
Expert:  GeorgetownLawyr replied 11 months ago.

Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

 

Was the POA declared void by the court?

If yes, then was it declared void before she took out the reverse mortgage or after?

Customer: replied 11 months ago.

No, the POA was not declared void by the court. How do I go about doing that?But he was seen by a doctor and determined to have "memory disorder" before he drafted his will and gave POA. Also he was referred to the neurologist who immediately detemined that he was financially incompetent.

Expert:  GeorgetownLawyr replied 11 months ago.

Ok, thanks. You stated there is nothing left at this point but if you want to get the POA revoked you would have to file for guardianship/conservatorship of your father so that you can be the person who handles his financial affairs. A petition would have to be filed with the probate court for guardianship/conservatorship. As to suing the bank, unfortunately the bank acted properly. A POA was presented to the bank and no court had revoked the POA and the bank had no way of knowing the state of your father, so they acted accordingly. So it is unlikely that you could successfully sue the bank. Please confirm this by consulting with a local attorney in your area as well. I hope this helps clarify.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!

Customer: replied 11 months ago.

I think guadianship here is the same thing as a personnal representative and his wife is already in that position. But we had a case decided here on May 2 of this here that says contracts with people who are incompetent are voidable but not inherently void. It sounds like I know more of the local law than you do. I was hoping you could shed some more light on the subject for me. If I follow you you are saying because they had no knowledge of his condition I cannot challenge the POA. However in two suis mentioned in this case on May 2, the people had no knowledge of the persons condition and the contract was reversed due to the person being incompetent.The name of that case is Hernandez v, Banks, and it was decided by the court of appeals en banc.Please review the case and then get back to me and see if you still have the same opinion.

Expert:  GeorgetownLawyr replied 11 months ago.

Ok, thanks. Your question was could you sue the bank for the sum of the reverse mortgage. The case you site was between the mentally incapacitated person and the tenants. In your case the bank dealt with the wife who had POA and was the PR. Also, I was never aware that the wife was appointed his personal representative (PR), which would have also given her power to take out the mortgage with the bank and strengthens her position.

 

In any event, if you challenge the POA and it is deemed voidable like the case you cite it is at the election of your father that it would be deemed voidable and he is not the one challenging it. His PR would have the power to challenge on his behalf and unfortunately, his PR his the wife in this case. So even if you are successful in having the POA declared voidable, the wife still is PR and would have had the power to take out the mortgage with the bank and she is not mentally incapacitated and the bank contracted with her, not your father.

 

So that is different than the Hernandez case. This is just my opinion and please feel free to get another. I enjoyed reviewing your case by the way and glad to see you have some understanding of the law but there are subtle nuances of each case that can make a prior case that appears the same on the surface, not applicable. Thanks again and kindest regards.

GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12047
Experience: Experience in Probate matters, including will contests and civil litgation related to estates.
GeorgetownLawyr and 7 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.