My aunt has a POA on my mother and is unwilling to put us her children on and is stealing my mother's home.

Asked over 1 year ago - Seattle, WA

We have tried to revise the POA and add our names to it, but now the aunt is refusing to sing and yet wants to pay the lawyer with my mother's money when the documents won't be valid and she is still in control of mother's assets house and property which we feels she wants to steal!

Attorney answers (4)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

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    Answered . Well, the decision to add an agent to a POA would be of your mother, not your aunt. If your mother has capacity she can have a new POA made up and change the agents if she wishes. If she does not have capacity the POA cannot be changed. Your aunt does not have the right to add agents, but she does have to act in a proper manner as a fiduciary. If you believe your aunt is not doing her job properly you can hire your own attorney to bring an action to remove her/make her account for her use of the funds. Your aunt cannot self-deal meaning she cannot use the funds for herself but only for your mom.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Justin Eric Elder

    Pro

    Contributor Level 16

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    Answered . I agree with attorney Zelinger that your aunt cannot add you to a power of attorney. My guess is that your mother does not have the capacity to revoke the power of attorney or this would not be an issue.

    Please contact an attorney in Seattle about options for protecting your mother's assets. My office is, of course, an option, or you could use Avvo to find other good attorneys in Seattle.

    All the best.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client... more
  3. Elizabeth Rankin Powell

    Contributor Level 20

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    Answered . On these facts, you might consider making sure that your mother is safe and not being abused financially. If you are concerned you can contact Adult Protective Services and request that they investigate. They will investigate, but might not tell you the results of their investigation.

    But no one is supposed to be taking advantage of a vulnerable person for their own benefit.

    Elizabeth Powell

    Using Avvo does not form an attorney client relationship.
  4. Chandra Melissa Lewnau

    Contributor Level 10

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    Answered . I agree with the other attorneys that your aunt cannot revise your mother's POA. However, some POAs do give the attorney-in-fact the power to appoint substitutes. If your mother's POA grants your aunt that power, that decision would be up to your aunt. If you have reason to believe your aunt is abusing her power, you have several options. You may report her as indicated in other posts. You may bring an action for a guardianship and seek to be appointed your mother's legal guardian. If a guardian is appointed, the POA may state that guardianship automatically revokes the POA, or you may have to ask the court to revoke it at that time. You could also bring a lawsuit against your aunt for her actions under the POA if they were not in your mother's best interest. You may also want to review a copy of the POA to see if it requires that an accounting be provided to anyone other than your mother. An experienced attorney can help you determine if you actually have a case against your aunt that is worth pursuing.

    This answer provides general legal information and should not be construed as legal advice to be applied to any... more

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