Legal Question in Wills and Trusts in Pennsylvania
My mother is dying of cancer. She has less then a month to live. A friend of hers convinced her to give her power of attorney. I believe she did this at a time when my mother was not in the right state of mind to make decisions. My mother told me months ago that she wanted me to carry out her will. Now this women (my moms "friend") is telling me that she has spoken to a lawyer and now has power of attorney, and I have no say in anything. No say in where she will be buried, no say in what happens to her belongings. I am her first born child and I know that she wants me to carry out her wishes. All this women wants to do is sell all of her belongings, and there are some really important things that I want to remember my mother by. What can I do about this? Is there anything I can do, or are my hands tied?
1 Answer from Attorneys
See an estates lawyer in your area immediately, to challenge that power of attorney. The "friend" may try to remove and sell your mother's belongings now.
And remember that the Power of Attorney expires when the person who gave it dies. Therefore, the "friend" should not be able to do anything, including burial arrangements, after your mother dies.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Miriam Jacobson
Law Offices of Miriam N. Jacobson
1900 JFK Blvd. Suite 1519
Philadelphia, PA 19103-1431
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