Durable Power of Attorney

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Durable Power of Attorney

I live in Lancaster, Texas. My grandmother has a property located in Odessa Texas. She executed a durable power of attorney for me to act on her behalf on last year due to her now being diagnosed with dementia. So therefore, I have been taking care of her financial and medical obligations. Two months ago, my uncle who is now deceased unknown to me took my grandmother to an attorney / title company along with his wife to have a Special Warranty Deed prepared for the Odessa property to be given to him. They were aware that she had allowed me to represent her on all of business which included banking. This is how I found out that my uncle had taken action to secure this property from his mother without advising me of this transaction. The fee of 150 appeared on her bank statement. The issue now that he has died, his wife has taken the property for one of her children to live in. I am not sure how long my grandmother will be here on this earth and what other medical expenses will occur and for any future care she will need. I had spoken to her about selling the property in order to continue to provide for her needs. I have a medical statement from the doctor on her condition. I now believe that my uncle and aunt committed fraud knowingly that they were taking her and getting her to do a deed to them for this property. I need an attorney that will help me resolve this matter and to know if this recorded durable POA will hold in court because if my aunt wants her children to stay in this property. It can be sold to them and then the funds will be used to take care of my grandmother as her dementia continues sad to say according to her doctor which eventually will lead her into developing Alzheimers disease. Your guidance and assistance will be appreciated. Email address suzanemngyahoo.com. Thank you.

Asked on July 20, 2016 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to apply for an application of guardianship of her estate.  This will give you the ability to officially and legally manager her estate and to pursue legal matters on your grandmother's behalf.  This legal action could include undoing any fraudulent transfers or transfers made without your grandmother's consent.  Consent is only effective if it is knowing and voluntary.  If your grandmother's mental state was such that she could not consent, then any documents she signed were not legal or effective to transfer ownership.  As her guardian, you can seek to undo any transfers. 
To pursue a guardianship, you need to hire your own attorney.  Their attorney is not likely to assist you.  If you need time to hire an attorney, but you are concerned about more transfers until you can do so, then you should call adult protective services.  Their function isn't just to protect the elderly from physical abuse... but also to protect the elderly from other forms of abuse... like fraudulent activities.


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