I have power of attorney over my mother, whom was incapacitated. Her father died and left a vehicle in her possession. The vehicle still had a bank lien on it. My mother ended up convincing some lady to pay the loan with the alleged promise of the vehicle. My mother never gave the lady the loan money, nor did she give the lady the vehicle and now she is being sued. Is there anyway that legal defense may be my mother was unaware of what she was doing, and went behind my back giving all the information to this lady?
You need to immediately take the lawsuit to an attorney to make sure you don't miss the 30 day deadline to file and answer or other pleading and have a default taken against your mother. That attorney will answer your other questions.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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