Knoxville, TN asked in Probate, Criminal Law and Estate Planning for Tennessee

Q: My dad passed and my mother had dementia, severe no wills but I had two of my younger siblings present a falsified p.o.a

They presented it to the bank, social security what legal actions can I do to charge them if any accountability on their part for doing this? I am the oldest as well as the executor of the estate

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.

After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account to the court for all of his or her activities as conservator from the date of appointment forward.

You can also file a petition to require your siblings to account for all of their actions using the POA. If they stole money from your mother using the POA, you can obtain a court order requiring them to restore those funds to her.

All of these court activities are costly, so you do need to be confident that you will prevail on the facts, because if you lose you will be left holding the bag for all of those costs. If you win, however, most likely the court will agree that the costs can be paid using your mothers funds because it was all done for her benefit.

Anthony M. Avery agrees with this answer

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