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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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my 86 year old mother whom i have been taking care of for well

Resolved Question:

my 86 year old mother whom i have been taking care of for well of 5 years with dimentia and now bed ridden and have no help from my 7 brothers and she helps pay some of the bills and one brother is asking me where her money is and i did have a power of attorney and my one brother frank was first and I 2nd and this is while she was of sound mind then after a few years later my brother robert went behind my back and got a power of attorney while she was diagnoesd with dimentia and is telling me he is coming to take her back to his residence he does not have money to buy food and takes her food after 15 minutes which it takes her 2 hours to eat she lost alot of weight taking her one time and she was not doing good what are my rights
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

If I may ask, was your power of attorney ever formally voided or rescinded? Did you see the subsequent POA document? When it was filled out, was she of sound mind?
Customer: replied 5 years ago.

which power of attorney if mine she was of sound mind and it was not rescinded

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

I actually meant the subsequent power of attorney, the one your brother claims he received. When it was signed, was your mother at the time of sound mind? Did you ever see that document for yourself?
Customer: replied 5 years ago.

no she was not of sound mind she had develop dimentia before that time period and i have a copy of his poa

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

One final question--in his copy of the POA does it have any sort of language about this document hereby formally nullifying all previous POAs that were put on record, or you do not know?
Customer: replied 5 years ago.
it was done at citibank oh it says if every agent named above is unable or unwilling to serve i appoint kathleen mullennix (myself) to be my agent for all purposes hereunder. I never recieved a letter saying that my first poa was rescinded
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

If the original POA was never rescinded then your POA rights are arguably identical at this time since you both hold rights to make decisions (and his POA as yet was not contested by you). Therefore you can ignore his requests and even take him to court yourself for possible elder abuse and also for contesting the POA on possible grounds of competency of your elderly grandparent. It would help your case to provide and obtain medical records showing that your mother developed dementia since that would show that the POA is void.

Good luck.
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