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08-28-2009, 09:34 PM
| | Junior Member | | Join Date: Aug 2009
Posts: 2
| |  Can sibling with POA declare dad incompetent, even if he isn't?
What is the name of your state (only U.S. law)? Elder is in Oklahoma
Dad is in Oklahoma; we are in the middle of a family dispute about if he has a will he has signed (he says no, half-sister says she has one that is valid signed by both dad and his deceased spouse, her mom). In trying to work through those issues, one overriding concern is if a) she has power of attorney in place and, if so, b) can she use it to declare him incompetent? We are in Oregon, other siblings in both Calif. and Oklahoma, and Dad isn't incompetent but he has the beginnings of dementia. However, he is VERY able to make his own decisions. Half-sister did have check-writing authority but that has been transf'd to Dad's nephew who is now living with him and paying bills, taking care of him. We need to get advanced directive in place for dad and resolve issue of the will, perhaps have him write a new one since I believe that is the best course of action, since the last one (whether he signed or not) was written when his wife was still alive. Also, if half-sis does have power of attorney and he wishes to change that (as I think he will), how do we go about taking care of that? Thanks for any help, very frustrating to try and handle this on the phone, thinking of flying to Oklahoma to get things in order, but trying to do our research first.What is the name of your state (only U.S. law)? |
08-28-2009, 09:49 PM
| | Senior Member | | Join Date: Feb 2002 Location: Bikini Atoll
Posts: 5,539
| | | Half sis cannot declare anyone incompetent. Have dad make a new will with an attorney. Prior to him making a new will, have him medically evaluated to do so and medically evaluated afterwards. Also have the attorney dad is going to see draft Advance Directives, new POAs, and revocation of half sis' POA. Make sure all places, like banks etc. receive the revocation & file it at the courthouse.
Check probate court to see if there was any will filed for dad's wife. Should his deceased wife have assests that need to be probated, someone needs to open probate.
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It's no wonder that truth is stranger than fiction. Fiction has to make sense. ~ Mark Twain |
08-28-2009, 11:24 PM
| | Junior Member | | Join Date: Aug 2009
Posts: 2
| |  thank you (can anyone open probate?)
Thank you so much for the advice, these steps seem logical, practical and very feasible. Not knowing anything of probate, am assuming anyone (regardless of relation) can request probate be opened. Am off to find Oklahoma State probate laws online. Best to you and thanks again for the direction. If you have more to share re: probate, I'm listening, but I'll try and take it from here. |
08-29-2009, 01:29 AM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,175
| | | [url=http://www.lsb.state.ok.us/osstatuestitle.html]OKLAHOMA STATUTES[/url]
scroll down to Title 58.
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