My mother is an invalid. She can still communicate; has some ability to move around, with the use of a walker, but, for the most part, is frail and in need of assistance. The problem is that she has a derelict son living off of her, and living in her house, who has perhaps manipulated his way into having custodial powers over her affairs. This derelict is also a hoarder. Her property looks like a junkyard because of him.
The hoarding is just the tip of the iceberg, he has been involved in all manner of illegal activity. At one point, he was carrying on a meth-cooking endeavor, using chemicals that he stole from the local state colleges chemistry building, the college being Tennessee State University. That endeavor resulted in an explosion that rocked the entire neighborhood were it was located, known as Curtis Ave, in the Bordeaux area of North Nashville.
What I would like to know is; what would be necessary to gain power of attorney, and, at the same time, have the derelict, relieved of any and all power of attorney.
You do one of two things. You can either get a power of attorney from her or file for a conservatorship. You need to consult with a local lawyer to decide which is most feasible in your situation.
I would recommend a conservatorship in your situation. Your mother must still have the mental capacity required to execute a valid power of attorney. Also, a power of attorney may not be able to accomplish everything that you are most likely facing. If she has given the wayward son a power of attorney there is a presumption that she would prefer him to be the conservator, so you are most likely in for a battle.
My answers to questions are for general purposes only and do not establish an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline