Can a sibling legally change an incapacitated parent's Will and POA?
Question Details:
My mother had a Will and POA created 5 years ago. Within the last 4 years she was diagnosed with dementia. A sibling within the last 3 months took it upon herself to change the Will and POA. No other siblings were told she was doing this. Is this legal? Especially since my mother was already diagnosed with a debilitating disease?
If your sister tries to use the Will after your mother dies, you will need to challenge the Will. Common grounds for a challenge are fraud, forgery, undue influence, and lack of capacity. These are difficult cases and are very fact sensitive. Medical records certainly are helpful. With respect to the Power of Attorney, your sister must act in your mother's best interests. If your sister tries to do something that benefits your sister instead of your mother, she can be held liable. It would be my pleasure to discuss all of this with you if you have any questions.
Your mother's will and power of attorney are still valid. Your sibling cannot unilaterally alter the will and/or power of attorney. Your sibling may be liable for fraud.
