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  1. #1
    Join Date
    Jul 2011
    Location
    east coast
    Posts
    1

    Default Sibling is Ignoring Power of Attorney

    My question involves a power of attorney in the state of Maryland

    I have a father who had a stroke in the winter. One of my siblings took him out of the nursing home and moved him in with him.

    My mother, other sibling and I have POA over my dad but sibling who does not have POA did not care. He also took bank account and sold the car since my dad did not need it anymore. He did not care that left us without a car to get our mother to and from the doctors and the store.

    The house is in the siblings names not the parents.

    He will not speak to me or my mom and we do get to see my dad.

    My question is can the sibling that has my dad in his care take my dad to a lawyer and get everything put in his name and become his POA so he ends up everything and my mom ends up with nothing.

    Also my mom realizes that he wants her to sell the house and move. He wants control of everything.

    She wants to know how she get the kids to sign the house back over to her so she can move. She feels a fresh start somewhere else maybe the gold diggers of the family will leave her alone.

    My husband and I will move with her since she is 85 years old and does not drive and needs a caregiver.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sibling is Ignoring Power of Attorney

    Your father had a stroke, but that does not automatically mean that he's mentally incompetent - if he's competent, these are decisions he gets to make.

    If you are stating that your father is not mentally competent, how did your sibling manage to "take" the bank account or sell the car?

    If you believe that greater supervision is necessary over dad and his assets, you can explore the possibility of a formal guardianship.

    I don't know what the "She wants to know how she get the kids to sign the house back over to her so she can move" line is about - did she and your father convey the house to the kids at some point? Now she wants to undo that transfer?

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