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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Does a person with power of attorney have the right to

Customer Question

Does a person with power of attorney have the right to challenge the person who gave the power of attorney how they spent their money? My Aunt gave me and my cousin power of attorney. My Aunt lived with me and I had power of attorney and helped her with her finances. My Aunt had some form of dementia during that time but never was deemed incompetent. During those years she had a new Will written, wrote many checks on her own, and had an active social life.My cousin took me to court because she had power of attorney and was an interested party. My Aunt, along with her attorney wrote a Memorandum (see attached) that she agreed with all the expenditures and that she did not want me to pay back anything. She wrote this Memorandum after she had been voluntarily conserved. She has never been deemed incompetent and in 2015, when she and her attorney wrote this Memorandum, she was not deemed incompetent though it was obvious she had some form of dementia, probably vascular dementia.My cousin convinced the judge that because there was question of my Aunt's competency between 2010 and 2014, that de facto, I must have taken advantage of my Aunt and that the Memorandum submitted by my Aunt's attorney was "hearsay."Was the judge wrong for not accepting the Memorandum submitted by my Aunt's attorney?
Was the judge wrong for making a judgment that my Aunt must have been incompetent when she and her attorney issued the Memorandum?
Was the judge wrong for ruling that the statement between my Aunt and her attorney was "hearsay?"
Submitted: 2 months ago.
Category: Family Law
Expert:  Infolawyer replied 2 months ago.
The power of attorney has the right to challenge. However the grantor of the power of the attorney can cancel it if disagrees. A power of attorney is revocable generally. Please let me know if that is acceptable and feel free to reply back and follow up
Customer: replied 2 months ago.
wrote a Memorandum (see attached) that she agreed with all the expenditures and that she did not want me to pay back anything. She wrote this Memorandum after she had been voluntarily conserved. She has never been deemed incompetent and in 2015, when she and her attorney wrote this Memorandum, she was not deemed incompetent though it was obvious she had some form of dementia, probably vascular dementia.My cousin convinced the judge that because there was question of my Aunt's competency between 2010 and 2014, that de facto, I must have taken advantage of my Aunt and that the Memorandum submitted by my Aunt's attorney was "hearsay."Was the judge wrong for not accepting the Memorandum submitted by my Aunt's attorney?
Was the judge wrong for making a judgment that my Aunt must have been incompetent when she and her attorney issued the Memorandum?
Was the judge wrong for ruling that the statement between my Aunt and her attorney was "hearsay?"
Expert:  Infolawyer replied 2 months ago.
Hard to second guess the court but it should have at least considered that evidence carefully and factored into its decision!