How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102598
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

I need to obtain POA over my parents finances. Scammers are

Customer Question

I need to obtain POA over my parents finances. Scammers are taking money from them. Dad has Alzheimer's and mom has memory lost as well what can I do? I have already tried he wont let it happen. I will have to go to court? please help us!
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only 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. What state is this in, please?

Expert:  Ely replied 1 year ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!
Expert:  Ely replied 1 year ago.


You have not replied to my query as to what state this is in, so I will provide a general answer and if you reply and tell me what state this is in, I can better tailor the answer to your state.

A POA is not enough. If your father has Alzheimer's, then any POA he signs is automatically void. The same applies to your mother if he has cognitive problems, because anyone who signs a document that they do not understand is not bound by that signature. While it is true that (a) the POA will be thought to be valid unless challenged and (b) whether or not they understand what they are signing is up for debate, a POA nonetheless does not take away their ability to act on their behalf. They can still take out money from their accounts even if they give you a POA, for example. And, they can void the POA at any time, and may be talked by the scammers into doing so.

Unfortunately, the only way to get control over your parents' finances is to get a guardianship order over them. A guardianship order will allow you to control their decision-making abilities, make decisions for them, and override theirs. It would be as though they were minors and you were their guardian.

Yes, you would have to go to court for this. If you tell me what state, I can better explain how this is done. Good luck.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please 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 experts get credit for our time. 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 with a positive rating.