POA obtained when not of sound mind, what can be done?

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PaducahHelp Asked February 2018

POA obtained when not of sound mind, what can be done?

My friend had a will which outlined her wishes. She also had designated her bank accounts (3) with 2 held jointly to her niece and one held jointly with me. All accounts had the joint account holder with survivorship. 5 1/2 days before she died her brother, who was neither on an account or executor of the will obtained POA. Two days before she died he had the account on which I was a joint owner closed, and moved to an account in her name with his name as POA. Now no one can touch the account except the estate. She had, in all probability, brain cancer and was heavily medicated and basically unable to respond when he shoved the documents in front of her. She could only make a mark while holding the pen. This change was totally against her wishes. What can be done?

Power of Attorney (POA) Siblings Will

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score 1 · Answer 1

Paducah I'm not sure if you meant to post the same thing twice or actually wanted to add something?

But in any case. The point is that if the POA is proven to be invalid then nothing the brother did using it is legal. That's the part to focus on.

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score 0 · Answer 2

Also I have talked to the bank manager and she said since my friend was primary on the account and he had POA that he could do it legally.

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score 0 · Answer 3

I don't know if this is standard practice, but I do know that in the long term care facility we used for respite care NO employee was permitted to act as a witness for a resident. (I know because one did, at our request, and the form in question got bounced back to us to be done again).

Can you afford legal advice? Is it worth it to you to contest the validity of the POA and the brother's subsequent activities?

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score 0 · Answer 4

Also I have talked to the bank manager and she said since my friend was primary on the account and he had POA that he could do it legally.

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score 0 · Answer 5

The thief (brother) is the assistant director of the nursing home she was in and had one of his employees notorize the POA. I report the misconduct to the director but don’t believe she is taking any action. I do have at least one other witness to this and several witnesses to her state the day of signing.

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score 0 · Answer 6

Good point FF.

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score 1 · Answer 7

PaducahHelp, usually a Power of Attorney needs to be Notarized. I guess this can vary from State to State. Sounds like a blank POA was pulled off the Internet or bought from a stationary store, as no Attorney would have allowed your friend to make out a Power of Attorney.

As for the bank, go to the bank and speak with the Bank Manager. I'd be curious who signed for you to close the joint account. I would think your signature would be needed.

You can also make an appointment with an Elder Law Attorney see what he/she would recommend.

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score 3 · Answer 8

How did he get POA without her signature. You may have to get a lawyer. In NJ someone had to witness Moms signature. Was she on hospice so they can back u up that she was on meds.

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score 3 · Answer 9

I would contact Adult Protective Services, thus is illegal and so greedy, where was he all this time? Vulture he is!

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POA obtained when not of sound mind, what can be done?

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