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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Can I sue the person who has my mother's POA her affairs ?

Customer Question

Can I sue the person who has my mother's POA for mismanaging her affairs ?
Submitted: 6 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is your mother still alive?

Customer: replied 6 months ago.
Relist: Inaccurate answer.
Expert:  Dwayne B. replied 6 months ago.

The reason I ask is because it is an entirely different situation as far as the procedures if she has passed away and you are only now discovering the issues as opposed to the person is still using the POA and causing problems.

Customer: replied 6 months ago.
Relist: Answer quality.
Expert:  Barrister replied 6 months ago.

Hello, new expert here... I see you requested a new answer, but your previous expert didn't actually get the chance to answer your question as he just asked for some additional information that would assist him in getting you an answer..

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Were you still looking for help with your situation?

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If so, then I would start out by asking the same thing....has mother passed away or is she still with us?

And has she every been declared medically or mentally incompetent by her doctors or a judge?

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thanks

Barrister

Customer: replied 6 months ago.

No offense intended, but why would I use the word "has" if she had died.

Yes. She is still alive and has been declared mentally incompetent by her doctor, not by a court.

Expert:  Barrister replied 6 months ago.

No offense taken... The reason you might have used the term "has" is that you might not have known that a POA expires upon the death of the grantor....many people don't realize that.... and you assumed that the POA would still be effective after her death, hence you using the term "the person who has..."

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We experts have to start from the ground up as we have no idea what type of knowledge level the customer has starting out.

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I will need to ask a few more questions at this point if you would like to continue...

Expert:  Barrister replied 6 months ago.

1. What type of actions occurred with the holder of the POA that you feel are mismanagement?

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2. Did the POA holder steal mother's money or invest it in extremely risky ventures?

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3. Was this done after mother had been declared medically incompetent?

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4. Since mother is medically incompetent now, has anyone been appointed as her legal guardian by a judge?

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