CAN A POA GO AGAINST A WILL IF THE PERSON IS NOT DEAD? LIKE SELLING THE HOUSE,IN THE WILL IT IS STATED SALE AT TIME TO DEATH
Question Details: I HAVE 2 SISTERS WHO PUT MY FATHER IN LIVING ASSISTED HOME CAUSE HE HAD A STROKE AND EARLY STAGES OF DEMENTIA. IT IS STATED IN HIS WILL THAT THE HOUSE WILL NOT GO ON SALE TILL HE DIES, WELL THEY DECIDE TO PUT THE HOUSE UP FOR SALE I WAS AGAINST IT THEY CHANGE THE LOCKS I HAVE NO ACCESS TO THE HOUSE. THEY MONEY FROM THE SALE OF THE HOUSE THEY SAID WILL GO TOWARD HIS HOUSING CHARGES THEY SAY. BUT HE HAS 3 DIFFERENT MONTHLY INCOME COMING IN, IS THERE A WAY I CAN CONTEST HE SALE OF THE HOUSE
Wills, Trusts, Probate Law Answers
The law regards the will of a living person as "ambulatory," and it is not binding on anyone and has no legal effect, at least in part because the person could revoke it and write a new will, although in your father's case he might not have the legal capacity to make another will now.
So, if one of your sisters has a valid POA from your father, there's most likely nothing you can do about this. To get anywhere, you'd either have to have the POA declared invalid, either by proving that your father was already not competent when he signed it or that there was undue influence, which is brutally difficult to prove in a situation like this; the other alternative would be if you could prove that your sisters were stealing your father's money for themselves.
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