How do I contest a POA?
Question Details:
My husband and I have been 24/7 caregivers for both parents for 2 years. Because of this, we know about their wishes, financial matters, etc. Because we have been the only family members to be in constant contact with them, my father-in-law informed me on two separate occasions that he no longer wanted POA given to the oldest son, but wanted it to go to my husband, and possibly me as well. My mother-in-law actually stated this as well. My father-in-law passed away last week, and now the oldest brother is demanding the POA. The entire rest of the family is scared to put him in charge.
Wills, Trusts, Probate Law Answers
You did not say what type of POA, nor what it says, nor what type of authority it gives to the son, and so on. So I cannot comment on it. But what I can say, is that most if not all POA's are automatically void upon the grantor's death.
You need to check this out and have an attorney review it. Do not rely on this as being competent legal advise since I have never seen the POA and I do not have enough information to advise you. What I am telling you is only with regards to POA in general and I am not giving you specific advise.
You need to immediately contact and consult with an attorney about the POA. I doubt that it is valid.
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