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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118292
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My grandmother turns 95 today, and is the woman who brought

Customer Question

My grandmother turns 95 today, and is the woman who brought me up. I was a grandson, but she always acknowledged me as her third son. When my grandfather passed away a few years ago, I was the only "Son" as usual that flew in to make sure he received the proper care and in house hospice. My grandmother called my uncle but he refused to come. He was up to that point, the only power of attorney. I didn't know what the safe deposit contained, the living wills contents, his last will and testament, nothing. I drew up a duplicate power of attorney document and added myself, leaving my uncle in place. Now as my grandmother starts to fade, he is constantly calling her and telling her she has no money and cannot spend anything. He will not give me a view into what completely broke means. He is trying to persuade her to change her will, leaving out specifically me, and then all of the great grandchildren from her will. He wants it changed that only him and his brother, my mentally ill father are the sole beneficiary. The money would go to him however and he would "Give my brother money as needed". I hate to say this, but I'm starting to get angry about this considering the poor performance he has demonstrated in the past. He ran my grandfathers multi million dollar company in the ground. Then he failed to ever show at their house here in FLA (I moved back here to care for them) except when it was time to go to the broker. I really want to serve as someone to ensure he does what is right. Im not sure of what my grandmother and fathers protection is. I don't trust my uncle for stated reasons. I don't want anything, just what is right for my father who cannot take care of himself and that my grandmother isn't worried when she buys a package of candy for her 95th birthday. What can be done, less starting a family war which is not what I want at all.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Him trying to get her to change her will is called "undue influence" if he is a PoA and he is acting not for her best interest but self dealing for his own interests. However, you need to protect your grandmother here and even if it may start a war with your uncle, you owe a duty to her to protect her as you have been doing all along. To protect her, at this point since your uncle is persisting in this type of conduct, you really need to hire a local attorney and you need to seek to get a court ordered guardianship in place to remove any of your uncle's authority over her, because as PoA he can try to change the will himself and that would cost you a lot more money in legal fees later than it will now by getting a lawyer and getting yourself appointed guardian over your grandmother.
Once you are guardian, you have rights to all the documents and will and information on any assets currently owned by your grandmother, so you can properly manage them.
This is the best way for you to protect her.
The only other thing you can do, which can cause issues as well, is to seek to remove him as PoA by getting your grandmother, if she is still mentally competent, to sign a written revocation of PoA and leave you as her only PoA (but this can make him go to court and then force you to be on the defensive, which can still cost you more in the long run, even if you win).