Power of Attorney and Mental Competence

[Veronica M. Souza]

Attorney had my mom sign POA knowing she had Altzheimers, couldn't state her name, where she lived etc.
My brother used POA to do $150k loan against mom's money & $350k in mortgages on her home. He died in 4/05.
My sister & I are on title for house so if we don't pay mortgages we face foreclosure. We don't want to sell house.
My brother's estate won't have much in it so no point suing there.
Will we have any luck suing attorney...or what's best course of action?

[aaron]

You should speak to a local attorney who handles legal malpractice matters about the possibility of intiating an action against the lawyer, and (depending upon the full facts) possibly against the notary who endorsed the Power of Attorney form.

Such an action would likely have to be brought by your mother's estate, as she was the lawyer's client.

[Veronica M. Souza]

Thank you very much for your input. That's probably what we'll do.

Aloha!