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My sister has POA over my ederly Father with dementia and…

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My sister has POA...

My sister has POA over my ederly Father with dementia and she is abusing her power. She has had POA for about a year and he had an accident recently forcing him into a assisted living. She told me all this after the fact. I reside in GA and I have been here 2 weeks and she has made things difficult if not impossible dealing with getting my things out of my Dad's condo being lied when escrow closed. I want to know if there is anything I can do to make her share POA and provide financial for what she is doing with his money.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

I live in GA , Dad and sister reside in CA

Lawyer's Assistant: Has anything been filed or reported?

I have not filed anything and I have not seen her POA. I have my copy of his living will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He had dimentia at the time the POA was signed. Since then we have fallen out and this is why she is behaving this way. ok

Submitted: 6 months ago.Category: Estate Law
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1/2/2018
Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 13,441
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. You may be able to sue her to have her removed or to be added on has a power of attorney under the Uniform Power of Attorney Act (UPOAA) that was adopted just this past July in GA.

The UPOAA provides that any person who accepts appointment as an agent under a POA is subject to various fiduciary duties and can be liable for damages caused by his breach of any of these duties.

In your case, if she is lying about where the money is going, misappropriating funds, or otherwise harming your father, then you can petition the court for a violation of the UPOAA and have her removed or at least have you assigned as a co-POA.

Did you have any other questions for me today?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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