Legal Question in Wills and Trusts in Nebraska

Power Of Attorney

I have a sister in law that has part power of attorney over my father in law, he allows her to take care of his $$$, now she is trying to find a way to find him incompetent. What can my wife do to stop her sister from taken full control, we don't care about the money we want the best for her father and they're moving him against his will.


Asked on 8/07/07, 7:57 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Power Of Attorney

If your father-in-law is vulnerable and unable to protect himself, your wife needs to hire an attorney to petition the probate court to appoint her as her father's guardian. This will likely be opposed by her sister and can become an unpleasant and expensive battle. Your sister-in-law has an advantage because she already possesses a limited power of attorney, but that is not conclusive. You will need to provide the attorney with evidence of why your sister-in-law is not suitable or provide credible witnesses who can testify as to why she is not suitable to serve as guardian. The court does not want to be involved in a finger-pointing, family argument. The process can get very expensive and might permanently ruin any relationship you have with sister-in-law. There is also a possibility your wife will lose.

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Answered on 8/09/07, 9:19 pm


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