What to do if my aunt who has power of attorney over my grandmother placed her in a nursing home against her will?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my aunt who has power of attorney over my grandmother placed her in a nursing home against her will?

My grandmother is 95 but of sane mind. She wants to change her power of attorney to me and have the bank accounts, which are in her and my aunt’s names changed, set as new accounts. I don’t want to do anything illegal but want to help my grandmother as she feels betrayed by my aunt. Can this be done?

Asked on April 1, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes!  Of course it can.  The Power of Attorney can be revoked at any time.  Wht you need to do is have her execute a new one and then have her write letters to all parties - like the bank, etc., - with whom your Aunt may interact and tell them that the old POA is revoked and there is a new one in place.  Have her send a letter to your Aunt as well (maill it for her by certified mail).  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption