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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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illegal power of attorney

Customer Question

My wife's mother has been treated for Alzheimer's, Dementia since 1999 and has got really bad. She has 5 sisters and 1 brother, Mary was given the "Power Of Attorney" in /2000-2001. She has never relinquished he power, although another sister has now presented, what looked like a forged power of attorney, back in 2006. That sister also forged her mom's signiture and sold her 2003 Navagator, and as well taken thousands from here account, as well as made here mother sign a "quick claim deed" to her house.
We finally had her mother place in a nursing home, The sister who has what appears to have an illegal power to attorney, removed her from the nursing home against the doctors orders. DCF have been notified and reports filed. I GUESS WHAT MY REAL QUESTION IS " Mary's POA is stamped and filed with the county and Abby's has the forged one, What can I or what should I do. Pete in Florida
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. A guardianship is needed here. That would supersede any more power of attorney questions. If DCF is involved maybe they allow your wife to be appointed guardian.

The guardian should be bonded here. If DCF won't take guardianship then you and your wife should file your self. This is the only way to prevent the looting of her mother's possessions. You have my sympathy to the situation. Here is legal reference to guardianship in Florida..


http://www.inherit-florida.com/guardianship.htm



 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.








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Customer: replied 8 years ago.
Well how does guardianship supersede POA, and which POA is offical and if the illegal POA is illegal then what happens to the person with it? Pete
Expert:  RayAnswers replied 8 years ago.
The guardianship would put the public on notice that she is no longer capble of managing her affairs. The guardian has the authority to change the accounts to the guardians name, any property, etc. The guardian would have authority from the courts to transact business on behalf of mom.

You would put the bank and anybody else with business with mom that the guardian has been appointed. They would then no longer honor the POA. The banks, etc shoudl only deal with the guardian.

You would want to make sure that they are all on notice that the guardian has been put in place. You might also be able to get the court to order them to cough up the original POA's here's and the court confiscates them since the guardianship supercedes..



 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


Customer: replied 8 years ago.
What about the quick claim deed??? It appears to have been an illegal transaction?
Expert:  RayAnswers replied 8 years ago.
That is a separate issue. You could file suit for fraud here alleginf forgery of the deed. You would be suing to viod the transaction. You would need a lawyer here to do so. You would have to have the court declare the transaction void and I think you sure have evidence here to back that up. But that is a separate issue that would require a separate suit here. You do have my symapthy here, it amazes me what people can do to their own family..

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.







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