Is It Possible to Change a Will Under Power of Attorney in the Case of Alzheimer's

[jgregory.seattle]

My question involves a power of attorney in the state of: I sit possible to gain POA over a parent, who has been diagnosed with Alzheimers, even though the will was likely made out long before the onset of the disease? Probably profesionally with an attorney. But, specifically, to change who recieves what .. in the case of the parent doing this with his parents' will, so as to have all the money that was meant for grandchildren to go to him? And what if the will was undecided, or quasi-undecided somehow? Even if by extra-legal means.

[jk]

who are you in this situation?

[harrylime]

But, specifically, to change who recieves what .. in the case of the parent doing this with his parents' will, so as to have all the money that was meant for grandchildren to go to him? And what if the will was undecided, or quasi-undecided somehow? Even if by extra-legal means.

Huh?

Generally, an agent acting under a POA cannot change the principal's will.

[jgregory.seattle]

I'm the grandchild. I have no solid evidence of anything but almost positive this is what went down. I am legally adopted by the parent (took the same last name and all legal custody). I have two siblings that are biologically my full brothers and a half-sister. Mom remarried to this person when I was 3 ... Ask me anything though. I need some help.

I'm not sure there was an agent. I'm pretty sure it was likely a case of coaxing my grandma to change it, with lies, and already sent to the old folks home, and diagnosed with Alzheimer's ....

Is it possible to get a copy of a Will? If it's amended or changed does the original have to stay with it? Is it a matter of public record, or can I get a hold of it in some way?

[harrylime]

Between the two posts that you have made, you are all over the place. So, let's see if we can level set here:

You are talking about your grandmother's will. You believe that your mother induced your grandmother to change grandmother's will. (Or was it your mother's spouse that did the inducing?) Your grandmother is still alive. And your questions really don't have anything to do with an agent acting under a Power of Attorney.

Is that right?

If your grandmother is still alive, only your grandmother can provide you a copy. Some states provide that persons making a will can deposit a the will with the court while still alive. But very few people avail themselves of this option. Any you don't actually say what state your grandmother resides in. If the will is amended - that is, what is called a codicil is done - then the codicil should remain attached to the will that is being amended. If the will was completely re-written, then there is no requirement that the prior will be retained. In fact, in most cases, any prior wills would be destroyed in order to avoid any possible confusion as to the last will to be executed.

[jgregory.seattle]

My Father, I believe, changed my Grandmother's will .. and she has passed ('06) .. I know that he lied to her some, as she would cry hysterically about it when visiting her in the old folks home, wasn't sure about what at the time, and her Alzheimer's was full blown at that point, and she was only talking about her house, at the time.

It was in Kentucky, I live in Seattle, WA. now.

So there is some public record of something somewhere to be able to get a copy of ... ?

[jk]

Ok, go to the court the probate was filed and get a copy of grandma's file. If grandma signed the will, then she changed it. If you believe grandma was not of sound mind, then you can start the long and expensive process of attempting to prove she was not legally capable of proving she was not mentally capable of understanding the changes being made.

[jgregory.seattle]

thanks. figured as much. But I still think some extra-legal funny business happened. The probate court in the county where she spent her whole life or the one where she died?

[jk]

it could be either. I would suspect the one where she lived but that doesn't mean that is the one that oversaw the probate action.

[jgregory.seattle]

thanks. I appreciate it. great site. You guys do this voluntarily? a pay per advice session of a few dollars would be a big hit I'd think.