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Your stepmother has passed away. Her son had her power of attorney and he believes he can make decisions for your father who has dementia and his estate. Can he?
Wiki User
∙ 14y ago
All power under a POA is extinguished when the principal dies. If your step-mother's son was her attorney-in-fact under a POA, his power ended completely when she died. He has no power over your father's affairs unless your father signed his own POA document appointing the step-son as his own attorney-in-fact before he became incapacitated.
You should consult with an attorney who can review your situation and determine your options. The step-son shouldn't have access to your father's assets. You can petition the court for appointment as your father's guardian. You need to act ASAP.
Wiki User
∙ 14y ago
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How can you get guardianship of your cousin with dementia I have power of attorney?
You would apply at the probate court. The clerk can help with the proper forms.
How would you become power of attorney for your father for his financial and medical affairs if he has dementia and will not sign?
You must petition the court to be appointed his guardian. You should seek the advice of an attorney who specializes in probate.
Can someone with dementia sign over power of attorney to someone?
No. First, a person with dementia is legally incapacitated. They can't grant a Power of Attorney to anyone. Second, a Power of Attorney is a legal document that must be signed by the principal in order to be valid.
Can a will be legally changed if the person has dementia and the power of attorney is not notified or present at the time?
If the person was of sound mind when they made out their 'last' Will and Testement then it's legal and binding. Most people do so earlier on before they become very ill.
When an elderly has been declared incompetent dementia can the change the executor?
It is called 'Power of Attorney' when a person is still living, but unable to make their own decisions regarding money or medical matters. No, the elderly person if found incompetent cannot change the executor in the Will. If for instance the executor is John Doe, but Power of Attorney is Jane Zero then Jane Zero will be the one making decisions over money and medical matters according to the elderly person's Will. One can hire a lawyer to see if there are any legal loop holes to change things around should there be any problems protecting the elderly person as the Power of Attorney or Executor as it stands to date.
Why might a dementia sufferer's allegations of abuse be ignored?
because they get confused suffer from memory loss and dont have the capacity to make their own decisions .
Illness starting with D?
* Diabetes * Dementia* Diabetes * Dementia* Diabetes * Dementia* Diabetes * Dementia* Diabetes * Dementia* Diabetes * Dementia
If a parent has dementia can they transfer title to their home?
That really depends on their condition. If the person understands what they are doing at the time they may have the legal capacity to transfer the title. It should be done at an attorney's office so the attorney can make the determination.
How do you get power of attorney over a brother who is showing the early signs of developing alcoholic dementia?
This is something that you need to do NOW. If your brother still have his mental facilities then the easiest way to do this is to meet with a lawyer and your brother to draft the extent of your power of attorney.
How does models of dementia care view the person with dementia?
how does models of dementia care view the person with dementia
Who is responsible for your credit card debt after your death and your spouse has given you power of attorney due to dementia?
Your estate will be responsible. Indirectly, you wife will either have to pay it or get a smaller inheritance.
Is dementia a noun?
Dementia is a noun
