My mother is in a nursing home, she has dementia, her sister had her sign power of attorney papers even though mom had no idea what she was signing. Her sister feels as if her kids, grandkids and great grandkids don't deserve anything so she moved everything out of the house without anyone knowing it. Can she do this? She is not executor of the will, that would be my sister. She also took items belonging to my dad that he had as a child and items he made, and we feel she has no right to these items as they have nothing to do with her side of the family. I just want to know if we can do something legally or have we lost everything? We have also heard her sister does not treat her well when she is with her.
Generally speaking, a power of attorney is effective during one's lifetime and it expires at death. A will is only effective when a person dies. So, yes a person under a POA can take property if he or she was authorized to do so and the POA is valid. If you feel that the person did not have the capacity to execute a POA, then this is grounds to void the document. You need to consult with an attorney in your state ASAP. Best of luck!
I agree with Mr. Harris. Past that if you are concerned about abuse of POA you might first make the nursing home and your county's senior protective services aware. Then see a local lawyer about filing a guardianship.
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