Legal Question in Real Estate Law in Pennsylvania
I have been my mother’s POA for nearly 7 years. With the consent of my mother we placed her home on the market and it has sold. As a POA, I signed the listing agreement and all addendums. We are about a week from settlement and a list of repairs to the home are still outstanding. I have been working in preparing the home for sale since the January time period. My sister has spent hardly any time in helping in preparing the home for sale and has left me basically taking care of everything. (organizing, lifting, cleaning, packing, etc.) Without my knowledge, two days ago I received a copy of a POA that my sister executed with my mother, which revoked my POA. My mother is at an assistant living facility. I visited her yesterday to discuss what had transpired with the new POA executed. My mother is over 85 years old and has been diagnosed with dementia. See indicated to me that she does not recall everything in detail but remembers that she was told that if she does not sign the document everything will be lost. It appears that my sister believes that upon settlement I would take, personally, all the funds associated with the sale. The funds would go to my mother directly because she is the owner of the home. Subsequently the funds would help and support her at the assistant living facility. It appears that my sister possibly has been positioning me for some time as a person that can not be trusted and applied duress upon my mother, who in turn signed the POA document out of fear.
INQUIRY – Am I in any position to take any legal action based on what my mother told me.
INQUIRY – Does elderly law apply here?
INQUIRY – The remaining list of outstanding repairs to the home, would they be now the responsibility of my Sister to complete before settlement or mine?
1 Answer from Attorneys
You could challenge the revocation on the grounds your mother was incompetent. OR that your mother changed the power of attorney due to fraud undue influence or duress. if you do so you need a lawyer. I;d start with the one who drafted te POA that made you mom's agent.
{John}
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