Overturning a power of attorney
My 81 year old mother lives in Florida with my unemployed brother. My mother has had all the signs of dementia in recent years, but has never been to a doctor. (she refuses) Last year, unbeknownst to the rest of the family, my brother had gotten her to sign over ''power of attorney'' to him and he also took out a $30,000 loan on her fully paid for house. He then never paid a mortgage payment and the house was up for foreclosure in less then a year. None of us were aware of this until a family member spotted it on the on-line official records for that county. I reported all this to elder abuse, but the Department of Children and Families who handle the cases were very negative and unhelpful. The house was saved by a third party, but almost 1/2 of the equity was lost and the $30,000 was never accounted for though there is good speculation it was used for my brother's back child support. Right now, I am only interested in getting my mom up to Maine to live here in an assisted living residence. She seems to want to do that too. First of all, will it be hard to get this durable power of attorney overturned? Secondly, isn't what my brother did exploitation and punishable in a court of law?
1 Answer from Attorneys
Re: Overturning a power of attorney
A power of attorney is normally revocable by providing written notice to the agent in fact that the power of attorney is revocked. The written notice should also be filed at the courthouse. As far as getting the $30,000.00 back, it appears as though the agent in fact has expropriated the money to his own use and a lawsuit is going to be necessary to recoup that money.
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