What information will I need to prove a POA is invalid and will I have to go to court to do so?

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What information will I need to prove a POA is invalid and will I have to go to court to do so?

My mother was diagnosed with Alzheimer’s but had given me POA prior to her diagnosis. My estranged brother took my mother to a doctor she had never seen before without my knowledge (I didn’t even know he had been in contact with her). He had her deemed “sound of mind” just long enough for her to sign POA over to him and then immediately deemed unable to care for herself in order to take over as her guardian.

Asked on February 15, 2012 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  I think that maybe you should speak with an attorney in your area. If your brother brought a proceeding for guardianship of your Mother becuase of her lack of mental capacity then he would most likely have been appointed as the conservator of her estate at the same time, which would over rule the POA - yours and his.  You have the same right to be the person to over see your Mother and her estate. I think that you need to understand the legalities of the situation in detail.  Good luck.  


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