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 Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 17474
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Estate Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My brother is an attorney and he set himself up as the power

Customer Question

My brother is an attorney and he set himself up as the power of attorney and when my mother recently got sick from a bladder infection he swoped in and put her in a rest home took over her bank accounts and investments tried to sell the house where i was living with her and take away the money she had given me . I talked to another attorney here who said that mother did not have to have a power of attorney which he never wanted i thought she had to. the attorney said film her saying she didn't want one any more since my mom is too weak to go out i sent the recording to the bank and our investment firm requesting them to remove my brother as POA I know the fit will hit the sham am i within her legal rights what can i do to prepare for the back lash?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
My brother is an attorney and he set himself up as the power of attorney and when my mother recently got sick from a bladder infection he swoped in and put her in a rest home took over her bank accounts and investments tried to sell the house where i was living with her and take away the money she had given me . I talked to another attorney here who said that mother did not have to have a power of attorney which he never wanted i thought she had to. the attorney said film her saying she didn't want one any more since my mom is too weak to go out i sent the recording to the bank and our investment firm requesting them to remove my brother as POA I know the fit will hit the sham am i within her legal rights what can i do to prepare for the back lash?
Response: Your request to the bank and investment rim will be ignored because you do not have the standing to make that request. Only your mother can do that or a Court Order. If your mother is still of sound mind, she can execute another POA revoking the one that she gave to your brother. Otherwise, you have to apply for Guardianship of her person and Conservatorship of her estate. If appointed, the appointment would supersede the POA your brother has. You can then direct the bank and investment firm not to honor any more request from your brother.

Related Estate Law Questions