Can a POA be challenged if it was drafted without the immediate family knowledge?

Asked over 1 year ago - Oklahoma City, OK

My uncle's daughter hired an attorney to draft a POA for his elderly parents (the daughter's grandparents) without notifying him. The daughter lives in Texas and the grandparents lives in Oklahoma. The daughter then took all the grandparents' documents pertaining to their investments, bank accounts, will, etc. and have not given my uncle a copy of those documents. All this occur October 2012, last week my uncle discovered that the daughter has placed his father (the daughter's grandfather) in a hospice, and she has taken her grandmother to Texas without notifying my uncle. What recourse does my uncle have?

Attorney answers (3)

  1. Jerry E Shiles

    Contributor Level 14

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    Answered . Your uncle’s best remedy is to bring a guardianship action to regain some control and information over his parent’s lives and estate. This is somewhat problematic because two states are involved. If you let me know where in Oklahoma the father is living, I can refer you to an attorney qualified to assist with this type of matter. You need someone who can go to court and litigate the issues and our caseload right now is such that we are not able to take on a new case of this nature. Please provide me as much information on both parents (full names, current addresses, dates of birth, etc.) so I can refer you to someone able to advise your uncle on the best way to proceed.

  2. Lawrence A Friedman

    Contributor Level 18

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    Answered . I don't think your uncle personally has any rights. However, the grandfather may have claims for inappropriate actions, undue influence, and the like. Your uncle on behalf of his parents can apply to court to have the daughter's actions reversed BUT your uncle will have to show that the actions he seeks to have reversed don't reflect his parents' wishes and possibly that his daughter has acted wrongly. It is essential that your uncle consult an elder law attorney if he wishes to change things.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  3. Laurence I Levinson

    Contributor Level 5

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    Lawyer agrees

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    Answered . A power of attorney may always be questioned. The issue is whether the principal had the legal capacity to execute it. It the power of attorney in ineffective due to lack of capacity, guardianship is the remedy.

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