Justin Eric Elder Estate Planning Attorney
Posted over 13 years ago.
I'm so sorry to hear that. It can be very difficult when the feelings of family members are at stake. If your mom has capacity, it should be possible for her to revoke a power of attorney. If your aunt disagrees, you or your mother can petition the court to remove your aunt as your mother's attorney-in-fact (the person who has power of attorney) without involving the police.
Asker
Posted over 13 years ago.
Mr. Elder, we are in dire straits here. Asking a lawyer to work pro-bono or on contingency is difficult in these economic times, but as a business owner, I gurantee your payment when this s done if you could. Our mother is of upmost concern to us and we are sorely afraid that this woman is out for all she can get and Mom does not realize the evil within this woman's smiling face. At 100 years old she should be enjoying a restful and peaceful existence however many more years the Lord blesses her with. We need help as soon as possible because this aunt is in the cat bird's seat laughing that we cannot do anything to change anything and she is willing to wait till mom dies for the fight of our lives over what Reba had. I believe this with every fibre of my being and will do anything I can to ensure your payment(s), if you or another could assist with making my sister and I guardians or changing the POA to reflect us as Agent(s) in Fact. Please!
Justin Eric Elder Estate Planning Attorney
Posted over 13 years ago.
If your aunt is truly as bad as you say, the first thing to do is to contact Adult Protective Services. They can help you in a different way than an attorney could and have the tools to uncover any wrongdoing.
Asker
Posted over 13 years ago.
Justin, I have called for preliminary advice, but my mother would be hurt right to see police removing my aunt. She did agree to the POA and it is only the aunt who is on the present document who will not sign making the change legal - she flat out refuses, which leads us to believe there must be ulterior motves. Why would she not wish to fulfill mom's request instead of now trying to make it seem mom is incompetent, which she is not!