Sacramento, CA asked in Elder Law and Probate for California

Q: How do I go about on getting my nephew off of.being power of attorney of.my mother whom.is 84 yrs Old.

This situation is very complicated.i have made elderly abuse report .gotten advice fro.jaime gallardo from legal aid

But nothing happen

This was like in 2011 or 2012.meanwhile a brother I have living at my mother bulked.her for $29,000. From her checking account out permission

Then he went through life insurance from.my father .I was taken off power attorney due to threats made.toy mother from my brother whom is heavy on drugs plus mentalI need help.being I am.on ssi I can't afford a lawyer

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2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: If your mom is competent, she can simply send her nephew a letter informing him that his power of attorney has been revoked and then notify everyone that you’re aware of who is relying on that power of attorney that it has been revoked. If your mom is incompetent, call Adult Protective Services and report the abuse and then file with your local probate court a petition for conservatorship of your mother. Never fun, but sometimes necessary.

Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: The best way to gain control over your mother's finances and her care would be to petition the court to be appointed as her guardian and conservator.

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