Richard Samuel Price's answer A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
The Trustee may not have any choice about making the gifts. At the death of the Uncle, the Trust may have become irrevocable with instructions about the Aunt if she becomes a Special Needs person, with severe limits about what the Trustee can do with the money. The Trustee may just be worried there isn't enough money left to care for Auntie.
Gerald Barry Dorfman's answer You do not need a lawyer in order to report suspected elder abuse. For Alameda County, see the webpage at: https://www.alamedasocialservices.org/public/services/elders_and_disabled_adults/protective_services.cfm or else just call 510-577-3500
Richard Samuel Price's answer Someone that signs a POA must have mental capacity. Although California law presumes that someone has mental capacity, certainly under these facts there is a doubt as to whether she had the required mental capacity. You can file for a conservatorship or sue to invalidate the POA. Unfortunately, most if not all of your options will require litigation. You need an attorney.
Sally Bergman's answer Very likely yes, you can rescind, but it will not necessarily be an easy or inexpensive process if your brother, broker and the purchaser do not agree with you. For certain, you need to retain the services of a trust and estates litigation attorney and the sooner you do that, the better.
If what you say is true, that your Brother had you Mother sign a Power of Attorney knowing that your Mother lacked capacity, then this is a serious matter indeed. Particularly if there is an "inside" deal involved. The issues is that your Mother, as the property owner, holds the cause of action which her conservator would bring on her behalf. (Or, if there is no conservator, the court can appoint a guardian ad litem.)
Sally Bergman's answer You can never "force" anyone to choose a particular individual for a power of Attorney. The person who is choosing an agent for a power of attorney must freely, and while mentally capable, choose an individual they have complete faith and trust in to act in their best interests. This also means that if your mother's dementia has progressed to the stage where she no longer has mental capacity, she cannot create a power of attorney or any other legal document. In that event, unfortunately, a...
Sally Bergman's answer You should immediately consult an elder law attorney so that a formal determination regarding your mother's mental capacity can be determined. It is important that this be one as close in time as possible to the time when she changed the will. A diagnosis of Alzheimer's Dementia does not necessarily mean your mother does not have mental capacity as many continue to be very capable for many years.
Sally Bergman's answer A power of attorney properly executed by your wife at a time when she still had mental capacity should be sufficient to allow you to sell your home, although I would recommend you have it reviewed by an attorney before you get too far into a sale, only to find a title company unwilling to accept it. As well, you may want to consider consulting with an elder law attorney to evaluate other possible options other than selling your home. There are many different factors to consider.
Sally Bergman's answer The (well) spouse of a person with Alzheimer's (ill spouse) should establish a testamentary special needs trust through his/her will to protect the ill spouse in the event the well spouse dies before the ill spouse. These types of trusts between spouses can only be established through a will. Any other type of special needs trust cannot be established once the ill spouse reaches age 65.
I do encourage families who have received this diagnosis to sit down with an elder law attorney...
Carol A Fauerbach's answer A "legal guardian" for an adult is referred to as a conservator. If your mom has already designed you as her agent through a durable power of attorney and advanced healthcare directive, and these documents are sufficient to allow you to handle her finances and make medical decisions on her behalf, then you may not require a conservatorship. However, if you find that these documents are not sufficient, your mom may lack capacity to amend those documents and a conservatorship may be needed. If...
Richard Samuel Price's answer When the petition is filed, the court will set a hearing date. You can file an objection at any time before the hearing. Or at the hearing, you can orally object and then the court should give a deadline for you to file written objections.
Sally Bergman's answer There's no question that you need to immediately contact an elder law attorney who handles financial elder abuse matters. I can't imagine that a title company ever insured title on all of these transactions.
Sally Bergman's answer Nursing homes are highly regulated in California. There are several different types of licenses, depending upon the type of facility it is. For example, skilled nursing facility, assisted living, board and care, etc. You can find a lot of very useful information and resources at California Advocates for Nursing Home Reform at www.CANHR.org.
Richard Samuel Price's answer You don't have the legal standing to sue on any change of the trust while your mother is living. You will have to sue your sister after your mother passes for elder abuse, undue influence, or any other causes of action that you may have.
Sally Bergman's answer Sir, please try to delete your personal information from your question as it is not appropriate for any attorney here to contact you directly. You need to look for an attorney here and then contact them.
It does sound as though your son is attempting to establish a conservatorship over you, although I'm not clear how far that process has progressed. If so, the court will appoint an independent attorney to represent you, although you are always free to retain your own. There are some...
I take your question to be looking for an attorney to represent you on a pro bono basis, as it does not ask a legal question.
If you need assistance on finding an attorney, you might try your local county bar association. Most county bar associations operate an attorney referral services, and some include referrals for pro bono, moderate means, and other assistance for low income individuals.
More information on the Alameda County Bar Association's referral...
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