Brothers going to steal POA

[futurecrown]

What is the name of your state? Florida

My mom has power of attorney over my grandma. My brothers and my mom cannot come to agreement over recent decisions regarding my grandma, so my mom has decided to just take action since she has POA. I recently found out that my brothers have set up an appointment with a lawyer and my grandma to try to steal power of attorney from my mom so that they can handle things they way that they want to. I am scared about this because I feel that my mother is much better off as POA. They have already taken action and had a banker visit my grandmother and transfer all of her money out of a joint bank account with my mom. They put it into another account that my mom does not have access to and have not told my mom.

My question is:

What can my mom do to ensure that the POA cannot be stolen by my brothers? Please help me as I only have 3 days to help my mom figure this out. Thank You!What is the name of your state?

 

[justalayman]

What is the name of your state? Florida

My mom has power of attorney over my grandma. My brothers and my mom cannot come to agreement over recent decisions regarding my grandma, so my mom has decided to just take action since she has POA. I recently found out that my brothers have set up an appointment with a lawyer and my grandma to try to steal power of attorney from my mom so that they can handle things they way that they want to. I am scared about this because I feel that my mother is much better off as POA. They have already taken action and had a banker visit my grandmother and transfer all of her money out of a joint bank account with my mom. They put it into another account that my mom does not have access to and have not told my mom.

My question is:

What can my mom do to ensure that the POA cannot be stolen by my brothers? Please help me as I only have 3 days to help my mom figure this out. Thank You!What is the name of your state?

Part of the picture that is needed is why does your g-mom need a POA and how was your mom put into this position?

 

[futurecrown]

How my mom became POA

My mom was listed in the will as a personal representative for my grandmother. She was also listed on the health care directive as the health care power of attorney. Then there needed to be a trust created because of fear of a family friend trying to steal money and trying to get my grandmother to give her POA. When that trust was recently created, my grandmother chose my mom as POA. Now my grandmothers health is getting worse and she is expected to die soon, but it is currently unclear whether she is deemed competent or incompetent. We are trying to figure out what our best move is in this situation.

 

[justalayman]

My mom was listed in the will as a personal representative for my grandmother. She was also listed on the health care directive as the health care power of attorney. Then there needed to be a trust created because of fear of a family friend trying to steal money and trying to get my grandmother to give her POA. When that trust was recently created, my grandmother chose my mom as POA. Now my grandmothers health is getting worse and she is expected to die soon, but it is currently unclear whether she is deemed competent or incompetent. We are trying to figure out what our best move is in this situation.

If she is competent, she can name whomever she wishes as POA. The only defense you (your mom( would have is to fight it based upon the g-mom 's mental competency. The bankers situation could be fought in a similar manner. If g-mom was incapable of making decisions, the actions taken could be reversed.

Bottom line is you need to either prove g-mom incapacitated and enforce the rights as POA or have her proven mentally competent and live with her decisions.

BTW: the PR appointed by the will is irrelevant at this point.

 

[futurecrown]

Determining Competence or Incompetence

Thanks for the help. Who do I encourage my mom to contact to determine whether or not my grandma is competent or incompetent? And generally how is that determined? I assume there is some test or questions involved.

 

[BlondiePB]

Thanks for the help. Who do I encourage my mom to contact to determine whether or not my grandma is competent or incompetent? And generally how is that determined? I assume there is some test or questions involved.

Call Adult Protective Services. You'll find them listed under Department of Children and Families. Once a call to APS is made, an investigator will be out in 24 hours.