What to do regarding possible fraud concerning my mother’s power of attorney of our father?

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What to do regarding possible fraud concerning my mother’s power of attorney of our father?

My sister and I just found out that our brother tricked our mother into giving up her power of attorney over our ill father. What can she do? In a nutshell he prepared a document where she gave up her powers of attorney concerning medical and financial issues where she was named as such. My brother was the alternate. Our father is ill and has been deemed not competent. Our brother is not an attorney and he did not have our mother see an attorney before she signed what he calls an “abdication” of her powers over our father. Our brother held back this “abdication” for several months.

Asked on August 15, 2012 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

If your Mother is still alive have her revoke this document.  Bring her to an attorney now and have the matter set straight.  It may or may not take an action against your brother to set the document aside.  Good luck.


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