If my sister got a POA the day before mom was diagnosed with Alzeheimers, do the other siblings have any rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my sister got a POA the day before mom was diagnosed with Alzeheimers, do the other siblings have any rights?

There are 3 children –  sister, brother, and myself. My brother is currently in prison. My sister who has the POA lives with my mother but will be moving January. The POA was signed the day before my mom went to the doctor to receive confirmation if she had Alzheimer’s. She took me off the on-line bank access that my mother allowed me to have. She gave me visiting hours that I don’t feel are fair. I’m asking questions regarding my mom’s care and she won’t answer me. We don’t agree on finances/medical. What rights do we have or what legal action should I take?

Asked on October 25, 2010 under Estate Planning, Michigan

Answers:

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

Answered 10 years ago | Contributor

I am sorry for you situation.  If your Mother was not competent to sign the power of attorney then you can make an application to the court to have it made void (revoked is the proper term).  What you need to do is to go to court to be appointed as your Mother's guardian or conservator. At that point in time you can make sure that the POA is revoked (which it will be by law most likely).  Once that is done you will be able to take control of the situation and make sure that your Mother is cared for both physically and financially.  But be prepared for a battle from your sister as it seems that she wants to control everything.  Get help from an attorney in your area.  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