How to contest durable power of attorney - My niece and my brother have done. I have always been there for my mother (I'm daughter). My mother is 82 years old has been in, out of hospitals in the past 2 years. Jan-Feb 2015 for Shingles, Mar 2015 for High White Blood Cell Count/Severe UTI. April 15 2016 is the most recent, where my mother fell, couldn't get up or slid off her bed, reaching for her walker. Me, her caregiver were called by the maintenance man on the property and found her. We called 911, they took her to Presbyterian in Glendora, CA per my mother's instructions, because we both live in Glendora and she wanted to go to rehab at Kindred, the same reason. We both have keys to her apt. in Duarte, so we were able to get her the care. Today, May 4, 2016, my niece has confronted me, lied, said I was taking over my mother's care, decisions. My mother's care provider, and I have been coming everyday, doing her errands, making sure she gets the care she needs at Kindred in Glendora, CA. They ambushed me and wouldn't let me talk to the case/social workers mtg. with us for her release on 5/7/2016 to us which my mother decided. How can I contest this?
If mother had capacity and met all other requirements to execute POA, it is valid.
Based on information provided, some, not all, possible grounds to contest POA include:
-lack of required execution formalities
Additional facts and opportunity to review the POA needed to opine further.
You may wish to consider filing petition to be appointed conservator of mother and request all POA's be revoked.
If mother lacked capacity when she signed the POA, it is void. However, fighting it may take longer than your becoming her conservator.
Talk to a local probate attorney. The conservatorship would be heard in downtown Los Angeles.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
In probate court, a power of attorney can be challenged, suspended and even revoked. The usual path involves the filing of a conservatorship proceeding. These are not easy cases and you want an effective advocate at your side.
The most common reasons to contest a document would be to prove undue influence, incompetence and/or fraud.
You will need an estate/litigation attorney to be your advocate.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
A power of attorney can be revoked at any time for any reason, as long as the principal is mentally competent.
An incapacitated or incompetent principal cannot revoke a durable P.O.A. In these cases, is likely that will be court proceedings, where a judge determines whether or not the principal is competent to revoke the document.
An existing Power Of Attorney will remain in effect until the expiration date, if included, or until the person granting the POA revokes it.
Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
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