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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello. My name is Michelle. My question is about Power of

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Hello. My name is Michelle. My question is about Power of Attorney documents.
My mother had named me as her Executrix for her Will and also named me as her POA 20 years ago, of which originally stated she needed to be incompetant for the POA to take effect.
My mother suffered a Heart Attack in March of 2013. While she was in the hospital, I was told that she was incompetant and at that time that I needed to take over her affairs. So I did. Then , a month later I brought her to the Neurologist, this was part of her discharge paper work from the hospital that she needed to go see this type of doctor because she is suffering with Dementia. The Neurologist informed us that the POA she currently had at that time was not sufficient because she did not want to deem her incompetant yet, the doctor wants to treat the dementia first to see just how far along my mother is with this disease. Kindof a wait and see type attitude , which was fine with us. The Doctor told us that my mother is not capable of handling her own financial affairs or health needs. Therefore, the Doc told us that we needed to have a new POA drawn up to say that I have POA without her having to be incompetant. I then took my mother to her Attorney (he did her original documents for her) and we requested the POA be changed. The Attorney told us that we needed a letter from the Neurologist stating that she needs this. So , I got the letter from the Doctor. The attorney gave her a new POA. It is now May. Unfortunately, my mother has been supporting my sibling and his family for 15 years and they live in her house. My sibling is financially, emotionally, verbally abusive to my mother and physically abusive to her property. I do not live with my mother , but have been taking care of her by going back and forth and doing and doing and doing.....Last month my sibling talked her into removing me and naming him on her POA. He took her down to her attorney and had him change it without my knowledge. Is that legal?? Was her attorney allowed to do that? If I needed a letter from the doctor because my mother is not of sound mind and suffering with Dementia, why didn"t this sibling need one? I am beginning to think that this Attorney of hers is not on the up and up. Hopefully , you can answer my question as to if what my brother did is legal?? And if it's not legal...what do you recomend I do about it? Thank you in advance.

My name is XXXXX XXXXX I will be answering your legal question.

Unfortunately, if your mother's Neurologist has stated that he does not believe she is legally incompetent, then she is free to revoke your POA at any time. Her attorney was allowed to do this, although he perhaps should not have done it and exercised some discretion here.

Even if it was legal on its face, you can challenge the POA on the basis of undue influence. Undue Influence is where a person exercises control and dominates the will of the other person, forcing them to make a gift (such as a POA).

Further, if what you say is true about your brother, you should consult with an attorney about bringing elder abuse charges against him in addition to bringing a claim for undue influence and overturning the POA.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
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