Legal Question in Elder Law in Pennsylvania

My Aunt lives far from us in Pa.She is in her nineties and able to make competent decisions.A few years ago daughter in law who lives nearby became her power of attorney .They also had her draw up a new will .My Aunt has an estate of family home, family possessions and Money in various accounts.We don't believe current guardian has always acted in best interest of our Aunt personally or medical.Believe sold personal items without consulting with her, or kept family informed regarding her life,Medical or personal.We attempted to change Poa a few years ago were unable to as.Aunt thought she was looking after her interests.Now we hear she may have sold her family home with out informing her.She resides in assisted living.While talking with her recently she has expressed intrest in making changes regarding her current guardian to protect estate.How can we change the poa without involving current poa except notifying by mail and protect her estate.Can we have her sign new forms and have them notarized Advice appricated

Asked on 12/25/10, 6:00 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

Since your aunt is competent, she likely will be able to terminate the current POA and assign this to someone else, however, its hard to provide accurate advice in this forum without seeing the current POA. With all the issues you are having, I think it would be in her best interest to have an attorney involved and have him execute the POA.

If you are in central or eastern PA, feel free to give me a call. I offer free phone consultations.

Justin C. Gearty Jr.


[email protected]

DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.

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Answered on 1/08/11, 10:38 am

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