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Elder abuse, Pwer of attorney abuse
Salt Lake City, UT
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Posted 11 months ago in Nursing Home Abuse - Neglect
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Mother is ADL deficient, some senility, & bedridden. I am her fulltime caretaker, live with her & handle all business, & fincancial affairs as well. Out of state sister has primary POA, I have secondary. 2007 sister took out $30,000 2nd mortgage on mom's home to pay her own bills with, with the assurance of repayment. She has now not paid on loan since May 2008, and mother has been paying on this loan, and doesnt have the funds to do so. Is there a way for me to obtain primary POA and force repayment of loanwithout having to prosecute or obtain an attorney? funds are scarce....
Answers (1)
Lauren Morgan Ellerman
This attorney is licensed in Virginia and 1 other state.
Posted 22 days ago.
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If your mother has "capacity" as defined by Utah law, she can change her power of attorney without giving any notice to your sister, at any time. She simply needs to sign a new power of attorney.
Then your Mother, (or her new power of attorney) can seek resimbursement for "loans." This can likely be done in small claims court without an attorney. Wish you the best. |
