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Power of Attorney Question

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tmatys

Junior Member
What is the name of your state (only U.S. law)? DE.

My wife's aunt died a year ago. Her late Aunt had a daughter who suffered a brain annurism about 6 years ago. The daughter is now under the Power of Attorney of her brother, who pressured his mother into doing this before her death. While my wife and I feel her cousin Susie is handicapped, we feel she is quite capable of making decisions on her own.

Her brother, the power of attorney, even before his mother's death would alweays call and treat my wife very condescendingly. He does have a criminal record, and is a relapsing alcoholic. Susie and her brother have never gotten along, but after the death of my wife's aunt, her brother, and his wife, had to care for her until she was placed into a home for better care. This was a fiasco because they do not get along. After some attempts to reach us to help Mary, which we did not respond because of his flagrant attitude, we did drive about 50 miles at least once a month to bring her to our house for the weekend. We did not even know she was placed there until Susie called us.

My wife discussed moving her closer to our area, because no one, including her brother visits her. Her brother was angered by us mentioning that to the staff, and now says that if we want to take her out oif the facility that he muyst be called and approved. Well, we will not speak with him because he is irrational, and argumentative.

He claims she is incapable of making decisions and lies, but my wife and I have not seen this. Does he have the right to revoke our visits to bring her hear occasionaly overnight because he is power of attorney? My wife would like to be her power of attorney so we can diss the a-hole. Can Susie make us Power of Attorney, and what should we be aware of as far as responsibilities go if she chooses to do so.

Thank-You.
 


Dandy Don

Senior Member
Discuss this with a family law attorney. The POA's previously granted may or may not be valid. Whoever acquires conservatorship would also have control of the finances as well as the personal care.
 

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