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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 2853
Experience:  30 years of experience
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Our Father was remarried 19 years ago, s current wife

Customer Question

Our Father was remarried 19 years ago, his current wife suffers from Dementia, at some point one of my Step brothers acquired a POA for his mom. A few weeks ago my father suffered a minor stoke. The day he returned from the Hospital my step brother had him sign several documents. He can't tell me what he signed. My step brothers removed all important doc's from the house as well as cash and have taken control of their bank accounts, mail box at the post office, safety deposit box etc. My dad has recovered and is very distressed. When they married he very few assets, he is 75. I've requested a meeting with my Step Brother to see if we can agree on a path forward. What should I ask for, what rights does my Dad have, we are in a different State. Can I ask for copies the doc's he signed and what should we do to get this resolved? I think at a minimum I need copies of all Bank records, wills, insurance doc's, titles etc. We believe our step bothers want to commit their mom to a home, she is 85.
Submitted: 4 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 4 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I need you to set up an appointment as soon as possible with an Elder Law Attorney so that your father can prepare new documents rescinding anything that he may have signed to the step son. You need to do this quickly because the step son can drain the accounts and assets very quickly. While you are waiting to have a meeting with your step brother and going back and forth what to ask for he can be taking everything out of your father and step mother's accounts.

You can find an Elder Law Attorney here:

http://lawyers.findlaw.com/lawyer/practicestate/elder-law/virginia

As to your direct question your Father is entitled to have copies of everything that he signed. He can rescind anything that he has signed. He can establish anyone he wants as his POA. He can also reassert his spousal rights to manage his wife's affairs.

Please do not delay in consulting local counsel. You may need to file court documents, and notify the banks and other institutions where your father has assets.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald