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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My parents were at the time they had my parents sign a POA

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My parents were at the time they had my parents sign a POA were in early stages of dementia and I feel that they were not making the correct decesions. My sister'd actions by flying in from Florida and not letting my brother and I know this until after she had talked them into it I feel that is not correct. She even had medical reports after the fact stating their mental state. If I get a hold of these medical records can I challenge the POA? HOw do I get a record of what they are spending on my moms care?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.


 

SoloLawyer :

To challenge the Power of Attorney, you would need to prove that at the time of the signing, not after, they did not have the requisite mental capacity to enter into a contract. If the medical reports were made after the fact, I am not sure that would be enough proof of their mental state at the time of the filing. Unfortunately, you don't have a legal right to a record of what they are spending on your mom's care, only your parents and their guardian would have access to that information.


 

SoloLawyer :

If you want to challenge the POA, I suggest speaking to a local attorney who deals in estate matters. These issues often come up during the probation of estates and an estate attorney should be able to tell you what the chances are of challenging the POA in your specific situation. I hope it works out for you!


 

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael


 

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