It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem....Read more »
He Revokes the POA in writing under a Notary. Execute about 3 originals. Send one to the attorney in fact, and record one in the County he may have property. If there is a Bank involved, deliver one to it first.
My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... Read more »
This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.
I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... Read more »
You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.
if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights...Read more »
He now has his strength back and claims he does not remember the attorney coming to the nursing facility but remembers constantly being pressured to sign his property over prior to rehab. My uncle is 83 years old and never wanted to sign his property over to anyone. What can he do to reclaim his... Read more »
How much Property is involved? Failure of Consideration and Fraud may be factors as apparently he has not been adjudicated incompetent. Was the attorney the draftsman and notary? Many facts and whatever witnesses are available will have to be put together. Time is a serious factor, especially...Read more »
My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... Read more »
You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other...Read more »
It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.
Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »
There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.
I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.
My mother is almost 89 with dementia my sister is 70 she lives with mom she also has dementia.My mom has no will or power of attorney. My younger sister and I need help to figure out what we need to do to sell my moms home. Both need to go into assistant living. It will take what money my mom has... Read more »
My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... Read more »
Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at...Read more »
Has your father filed for divorce or has his wife filed for divorce? If so, you can petition the court for a conservatorship over your father. If he is totally incapacitated, you would want a full conservatorship rather than a limited one.
He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.
I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck
My brother and his wife have medical POA over my mother and are planning to place her in a nursing home “if” she continues to decline. I vehemently disagree and am trying to find a way to prevent them from doing this. My mother does not want this and trusted my brother believing he would never... Read more »
You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to...Read more »
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