How to contesting a power of attorney for an elderly granparent?

My grandmother was diagnosed with Altzheimers 7 years ago and placed in a nursing home by my aunt. Then 5 years ago my aunt had my grandmother sign over power of attorney to her. This was not appointed by a judge. My mother and I would like to contest the POA as my grandmother was not of sound mind to sign such a document. My aunt is now in the process of trying to sell my grandmother’s house. Will contesting the POA stop her from selling the home until we can get a judge to decide on the validity of the POA?

Asked on June 7, 2012 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first step in evaluating whether the power of attorney that your aunt has with respect to your grandmother is to take a copy of it to an attorney that practices Wills and trust to see if it was properly drafted and signed. If not, then the document is invalid on its face.

Afterwards, discuss with the attorney your concerns that your grandmother was not competent when she signed the document. In order to prove lack of competency when she signed the document you will need to consult with your grandmother's treating physician at the time the power of attorney was signed to see if he or she was of the opinion that your grandmother was competent or not at this time.

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