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My brother is DPOA of my father who is in nursing home. Does he have any rights to lock me out of my dad's home and property?

Conrath, WI |

My father had a stroke two yrs ago and he did not have a POA. At the nursing home, my brother had the dr witness that he would like to be POA and DPOA to his estate. He has since locked me out of my father's home, which I lived next door to for 10 yrs and helped him all this time in WI. My brother lives in IL. He has changed the locks on the house and garage and put up gates to the driveway with no trespassing signs. I have never taken anything from my dad, but my brother says he doesn't want me to go in there and steal anything. Does he have a right to do this, especially as I was my dad's maid and caretaker for all these yrs and brother hardly visited him?

Attorney Answers 2

Posted

If your father signed valid DPOA forms, then your brother could very well have the right to block your access to the property. Your recourse would be to file an action with the probate court to become your father's guardian/conservator. This would effectively "trump" your brother's authority under the POA forms, if a court agrees. This is likely to be contested by your brother and you would certainly want to retain an attorney to assist you.

Another option, if your father still has capacity, would be to have him sign NEW DPOA forms, revoking the prior forms. Of course, that could lead to a lot of back and forth yo-yo-ing.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

Another option is guardianship if yiur father is incapacitated but your brother's POA appointment might resukt in the court appointing your brother as guardian; if instead a new POA appounting you then you might have preference. Sticky wicket, but whoever is in charge has autority to chanfge locks/lock out; get advice and assistance of an attorney ASAP.

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