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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102146
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My stepsons have power of attorney ill husband. They got m

Customer Question

My stepsons have power of attorney for my ill husband. They got him to sign this form while he was diagnosed with dementia and Altzheimer's. They are deliberately holding back transferring funds from his savings to his checking account. They claim that I want to bankrupt their father, although I have no access to any of his money. At this time, we are overdrawn at the bank and owe bills totaling to about $15,000. They are disrespectful and evil. All i want is to pay the outstanding bills as I have been doing for the last 17 years. To hire a lawyer for this purpose would be very costly. I don't have the funds to take this action. I would appreciate any advice you may have. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What someone in your situation may wish to do is to file for adult guardianship. This will give this individual the right to control his accounts and estate, and get him the help he needs, i.e. as though he were a minor and they were his guardian. See here for more information:

The process is relatively simple. You would have to serve the sons, however, and they can ignore/agree/or disagree. The Court will rule based on his best interest.

NOTE that an adult guardianship would overrule any POA he had signed (there is also an argument that can be made in conjunction with this that the POA is invalid anyhow, because if he signed it while already having no mental capacity, then it is not valid).

Counsel is not required, although strongly recommended. I can help find some pro bono/low cost leads in PA if you'd like for legal help - LET ME KNOW if so.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!