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

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!

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Attorney answers 4

Posted

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 informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Asker

Posted

Steven, we did have my mother's attorney draw up the papers, including my sister and myself to the POA, but when it came time to sign, the aunt has refused admently after the fact. We are now more suspicious than ever that this woman has ulterior motives as mother is cognizant and aware that she said she want's her children on the POA. Now, the aunt want to act like mother doesn't know what she's talking about telling everyone who'll listen that mother is incompetent when she's not. Confusion does not constitue incompetence. She still knows what she wants and who she wants in to take care of her! Thank you.

Posted

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 relationship. For more information, please visit www.justinelderlaw.com.

Asker

Posted

Justin, I have called for preliminary advice, but my mother would be hurt right to see police removing my aunt. She did agree to the POA and it is only the aunt who is on the present document who will not sign making the change legal - she flat out refuses, which leads us to believe there must be ulterior motves. Why would she not wish to fulfill mom's request instead of now trying to make it seem mom is incompetent, which she is not!

Justin Eric Elder

Justin Eric Elder

Posted

I'm so sorry to hear that. It can be very difficult when the feelings of family members are at stake. If your mom has capacity, it should be possible for her to revoke a power of attorney. If your aunt disagrees, you or your mother can petition the court to remove your aunt as your mother's attorney-in-fact (the person who has power of attorney) without involving the police.

Asker

Posted

Mr. Elder, we are in dire straits here. Asking a lawyer to work pro-bono or on contingency is difficult in these economic times, but as a business owner, I gurantee your payment when this s done if you could. Our mother is of upmost concern to us and we are sorely afraid that this woman is out for all she can get and Mom does not realize the evil within this woman's smiling face. At 100 years old she should be enjoying a restful and peaceful existence however many more years the Lord blesses her with. We need help as soon as possible because this aunt is in the cat bird's seat laughing that we cannot do anything to change anything and she is willing to wait till mom dies for the fight of our lives over what Reba had. I believe this with every fibre of my being and will do anything I can to ensure your payment(s), if you or another could assist with making my sister and I guardians or changing the POA to reflect us as Agent(s) in Fact. Please!

Justin Eric Elder

Justin Eric Elder

Posted

If your aunt is truly as bad as you say, the first thing to do is to contact Adult Protective Services. They can help you in a different way than an attorney could and have the tools to uncover any wrongdoing.

Posted

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.

Asker

Posted

Thank you, Ms Powell, Mom is rational and cognizant of everything even after the stroke at 100. She told the attorney what she wanted and he thought her capable enough to draw up the papers. It is only this aunt who wishes to be the sole power and not let her children (my sister and I) be on the POA as my mother wishes. We need an attorney because we see now, this is going to be a battle and the attorney already had us agree to a TEDRA but we don't want to wait till mom is dead to get what is right. We want this evil woman off now before she can steal mother's home and everything, which we think she is planning. She says she is doing what's best for mom, but then why won't she do what mom wants!

Posted

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 specific factual situation. It is not intended to create and does not create an attorney-client relationship. The attorney writing this post is licensed in Texas and Washington only and the laws of your jurisdiction may differ.

Asker

Posted

Thank you. All of the attorneys answers have led me conclude that we must do something NOW and not wait till mother passes to use the TEDRA option. Ms. Lewnau, could you call me with an estimate and whether you'd be willing to take this case pro-bono or on contingency till it is settled with my sister and I in control of the POA and our aunt revoked from it. I must add there is another aunt in Texas on the present one who we think is colluding in some manner for the big prize of mother's estate... especially now! We go to a neurologist today who may confirm that mom is in her right mind, dispelling the aunt's alledgement that she's incompetent. Thank you.

Chandra Melissa Lewnau

Chandra Melissa Lewnau

Posted

If you click on my name or picture, you will be taken to my Avvo profile page and there is a phone number listed there that you can call. I offer a free half hour consultation, but I do not work on contingency, unfortunately.

Asker

Posted

Thank you, but the immediacy of this is getting worse. We need someone now who take this on pro-bono and if possible a later payment as we are able. But this aunt is laughing all the way to the bank making us and my hundred year old mother upset and us very nervous.