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Question

What can you do when the POA has you deemed incompetent when you are not and then puts your house in their name? My Aunt was living with my Grandmother and went to my grandmother's doctors and asked him to sign a paper stating my grandmother is incompetent. The doctors signed them without seeing or testing my grandmother! Then my aunt took the papers and had them recorded and placed my grandmother's home in her name. My father took my grandmother to two doctors who tested her and she in not incompetent. My grandmother is living with my dad because my aunt was physically forcing my grandmother to take powerful pain pills and scratched and bruised her up. We removed my grandmother from the home to ensure her safety. The Elder Protective Services has ignored out requests to help us out. Can my grandmother get her house back?

Submitted: 61 days and 23 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
We sent my aunt an eviction notice which she just ignored. We did hire an attorney and took my aunt to court to try and get a restraining order and the judge did not seem to read all the facts and said we did not prove my aunt bruised and scratched my grandmother even though we showed him six pictures. He would not grant the restraining order. This case is being handled in San Diego County the attorney we hired is not from that county. We just found out that my aunt took the papers that the doctors signed and had them recorded then had the house put in her name. My anut also put in my grandmother's health file DNR for any reason. This goes against my grandmother's wishes. My grandmother is eighty eight years old. She is totally competent. Our Doctor tested her and she ansered every question right. The doctors we took her to said that my grandmother is in no way incompetent. My aunt is lying to take my grandmothers house and money. My grandmother paid cash for the house about 15 years ago. My aunt has lived there rent free for 13 years. We did serve my aunt with another eviction ordering her to move out and she ignored it, saying the house is hers.

Accepted Answer

Dear Bee: You have two entirely separate situations to deal with. One is the physical abuse and the other is the validity of the deed. Since you have removed your grandmother from the home, I will answer only on the question of the deed. You can't evict Auntie from the home as long as she holds title by virtue of the deed. Your grandmonther's lawyer should immediately file a civil suit to set aside and void the deed on the grounds that it was obtained by fraud, which would be the false statements by those doctors. Auntie might have also violated of the terms of the POA by deeding the property to herself, but I can't say for sure without reading it. Your attorney should also record a LIs Pendens notice which will prevent Auntie from selling or mortgaging the home, while the lawsuit is pending, if she hasn't done so already. You might consider having her file formal complaints against the doctors who signed statements without examining her with the CA Medical Board Licensing Board.

 

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Edited by IrwinLaw on 9/20/2009 at 1:17 PM

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Expert: IrwinLaw
Pos. Feedback: 100.0 %
Accepts: 
Answered: 9/20/2009

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Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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