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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If a younger sibling has an elderly father sign a financial

Customer Question

If a younger sibling has an elderly father sign a financial controll document without throughly explaining who the document leaves controll to, what are the ground for prosicution?
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What type of document was signed? A power of attorney, a Will, a Trust, deed, something else?

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Is the father suffering from any mental disability like dementia or Alzheimer's that would affect him understanding the document?

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Has the younger sibling done anything improper or illegal with the document?

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thanks

Barrister

Customer: replied 6 months ago.
The originally Power of Attorney was made in 1990 by my father assigning my brother and me both jointly and severely as executors.
A most recent Will was initiated, making my father's present wife executor.
One afternoon my younger brother hand carried a document requesting it be signed. This occurred while my father was in the recovery room and under medication due to an operation. The documents enabled my brother joint as signor for the father's asset accounts. This action was prior to the most recent Will being constructed. The fact that the documents made the younger brother and the father required joint signers made it impossible for my father to obtain needed funds, after he was diagnosed with terminal cancer.To establish the fact that the document was not thoroughly explained and or understood by the father is concluded by the fact he was not aware that he did not have access and could not obtain any of his asset thereafter. It is evident the father was not totally aware of the terms within this document. Upon my requesting copies of the documents three week prior, the younger brother agreed but never forwarded them. When calling the younger brother to ask if he had forwarded these documents his reply was "what the f*** do you want. I don't owe you anything". This was the first outbreak between him and I.
It appears that now my father has deceased that my brother has complete control of all assets that belonged to my father.
The father was 91 years of age.
No Alzheimer's or dementia was relevant at the time of signing the document but the father was under medication and not thinking clearly. It appears that there was cohersed actions . The younger brother tried to have the documents signed by the father earlier in the day but the father's wife was visiting. The younger brother left and awaited the departure of the wife. At that time he reentered the hospital and obtained the signature. Later that same day the father's brother visited him and was advised by another patient sharing the recovery room that the younger son has recently left after advising the father to initiate the documents.
Expert:  Barrister replied 6 months ago.

Ok, thank you for that information. Just so we are clear, a Power of Attorney doesn't make someone executor....it has to specifically name them in the will. A POA just shares the grantor's power to undertake financial matters with someone else.

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But if brother had father sign something putting brother on as a joint account owner with father, and father was medically incompetent due to any medication that he was under, that would be grounds for the executor to file suit against brother on behalf of the estate and seek to have that designation thrown out.

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This would require the person challenging it to get his doctors to testify that he was heavily sedated at the time he signed and couldn't mentally understand what he was signing. Then the judge can throw out the joint account designation and that means that father would be the only on on the account again and those funds would go into his estate to descend according to his will.

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If brother has taken the money and spent it, he would be personally liable to repay the estate for the money that he obtained by his fraudulent actions.

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thanks

Barrister