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  1. #1
    Join Date
    Dec 2012
    Posts
    15

    Default How to Challenge a Power of Attorney, Obtained Illegally

    My question involves a power of attorney in the state of: California
    Hi,
    My mom and her boyfriend have been living together but not married for 15+yrs. Recently 8/11/12 he has stroke, blood clot left brain, which required extensive care at nursing home. One month later 9/10/12 my mom also has stroke, hemorrhage right brain, Her boyfriend is the house owner, however, he has 2 reverse mortgages, which I think currently more than the house values. I also been living here in the last 3 yrs.

    From all these confusion, I requested help from his 2 children by asking them to take over his financial situation since everything is under his name and Iím not ďnext of kinĒ nor Iíve power attorney.

    The problem weíre facing now is that his children forced power attorney against his doctor advices (dad unknowingly signed the documents while under the care of nursing home). Now they took dad (my mom boyfriend) to unknown location and from what Iíve heard they planed to either sell his house or file bankruptcy. Originally his dad pension covered all the expenses here, under $1,500/mo loan pymt, utilities and food. I normally pay for food and repair/upgrade all appliances (60yo house) because he doesnít want my money.

    My question is whatís my mom right? Can she petition for cease/desist to prevent his children from fully control everything and kick us out? Can they force us to make the loan payment or rent because their dad is not living here and seem like they want to cut the losses and keep extra money for themselves? He has good pension and SS and I think thatís what the children want. Iíve heard that they put him a cheap private homecare and they would visit him about once every 2 wks. I really wanted him here because I can take care him everyday since Iím already caring for my mom. If we get extra money from his pension benefits I can hire a fulltime maid. I also have been told that since they got power attorney illegally, I (my mom) can challenge them in court. My goal, however, is to solve this peacefully, fairly and to give the best care for both my mom and her boyfriend.
    This is from California and any advice will be appreciated. Thank you.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What's My Mom Right Since They're Not Marriage but Live Together for 15yrs

    Unfortunately, you're not going to like this response.

    Because they were not married and your Mom was never a deed-holder, she actually doesn't have any legal right to reside there.

    Because of the situation though, I do suggest you high-tail it to an attorney as soon as possible.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Challenge a Power of Attorney, Obtained Illegally

    If your mom is mentally competent and up to the task, she can petition a court to make her guardian. The guardianship would override the power of attorney.

  4. #4
    Join Date
    Dec 2012
    Posts
    15

    Default Re: How to Challenge a Power of Attorney, Obtained Illegally

    Thanks for both but I don't think my mom is capable much of anything and w/o me here she would be in difficult. I'm searching for various government benefits for her in event that we don't have this house. She could afford the cost of living on her own but definitely not in a high pay assisted living or nursing facility.

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