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  1. #1
    Join Date
    Jul 2005
    Location
    Honolulu, HI 96817
    Posts
    2

    Default Power of Attorney and Mental Competence

    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?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Attorney's Complicity in Elder Abuse (Financial)

    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.

  3. #3
    Join Date
    Jul 2005
    Location
    Honolulu, HI 96817
    Posts
    2

    Default Power of Attorney

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

    Aloha!

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