What can be done if my grandmother has dementia and signed over for my cousin to be her POA while not in her correct state of mind?

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What can be done if my grandmother has dementia and signed over for my cousin to be her POA while not in her correct state of mind?

My cousin lives out of state. Anytime my grandma was hospitalized I made medical decision for her and she was always released to me. How do I have my cousin prosecuted?

Asked on January 24, 2014 under Estate Planning, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You probably cannot have your cousing "prosecuted" unless you can show he/she had a criminal intention (such as to defraud) your aunt; that he/she caused your aunt to execute the POA (i.e. and not that the aunt chose to do it on her own); and also that something criminal, like taking or diverting funds, was actually done.

You may, however, be able to get the POA invalidated or set aside if your aunt was not mentally competent at the time, and possibly get a family member (perhaps yourself) appointed as legal guardian. Speak with an elder law attorney about the situation and your options.


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