Q: POA removed from Financial Institution
My grandma has dementia and before this she appointed daughter #1 to be the POA. Daughter #2 found out and has now taken the mother to get a POA while she was diagnosed. Daughter #2 has now submitted her illegal POA to the banks and has taken over the accounts whih is taken daughter #1 off the accounts . During this time the daughter #2 has taken out money and given it to her children. Daughter #2 has taken her to another state and will not return her to Daughter #1 because she wants to have access over all of the grandmothers assets so she can withdrawal at any time. When speaking with the grandmother she seems nervous to even ask if daughter #1 can come get her because daughter #1 is manipulating her. Do we have to get a lawyer in the state the grandmother is in or can it be in the state daughter #1 is in? Would the daughter #2 get in trouble for taking the grandmother to get a POA in her name while the grandmother was already diagnosed with dementia?
A: I think you would need to hire an attorney in the state where grandmother was taken. You may consider with that lawyer and one in your state in having a guardianship set up naming you as guardian of the estate and person of grandmother to have her situated in a facility that will be especially capable of handling dementia patients. The guardianship will also nullify that improper POA that daughter #2 has manipulated grandmother with.
Drew R. Ball agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.