Durable Power of Attorney Conflicts

[mcjensen]

NJ

1. My sister has durable power of attorney and health power of A for my Dad who has Alzheimer’s disease. I have found out now that she inherits his present house, but she is also trying to get his expensive cars for $1 to her. She is curently planning on spending his money to decorate his house.

2. Recently gifts of $12,000 were to be given to all his children plus all his grandchildren...but so far my sister has not complied and sent us a check for my kids...

What can I do?

How much can she legally do with his property and assets before he dies?

Could I have her audited to make sure she doesn't misrepresent him?

Thanks, Michael

[BlondiePB]

How much can she legally do with his property and assets before he dies?

What sis can legally do with his assests are written in the POA document.

[aaron]

Go to court and seek the appointment of a conservator to oversee his assets. The conservatorship will supersede the Power of Attorney.

[mcjensen]

Thanks for you replies..
But how would I go about seeing a copy of the POA
so I know what sis is doing is right?
Michael

[aaron]

Ask her for a copy.

[lwpat]

Is your Dad still competent. If so have him execute a new POA making two people responsible. Based on what she is doing someone needs to step in now. If you wait there may be nothing you can do.

[mcjensen]

Well I really kind of doubt she'll give me a copy, so far Sis has been non-compliant ever since she got this POA.

Would trying to get a copy from the lawyer who set it up be a better option?(if I can locate him)

My Dad is still competent(memory problems), but still thinks Sis is doing a marvelous job.
But he doesn't know much what she's is doing...she has him pretty much
brainwashed...so I doubt he'll go for two POA's

[aaron]

The attorney's duty is to your father, not to you. Don't expect him to provide you with anything.

[lwpat]

Probably your best option at this point is to start building your case. Keep a log and make a copy of any records. Picture phones are a great tool. Visit him often.

[mcjensen]

Thanks for the advice,

Well I tried to visit him,
but Sis got him thinking that I was going to set my empire
up in his home, and bring my entire family in,
when in actual fact she's already set up her empire there.
Needless to say, he became very paranoid of me,
so sis controls that as well

Its funny how people change...it almost seems for some reason sis wants to
have me disinherited...