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power of attorney abusing power

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cab

Junior Member
What is the name of your state (only U.S. law)? north carolina:( my uncle was given power of attorney (durable) over my mother when my father died november 8 last year. she was put into an assisted living home a month later. she is 100% competent. three weeks ago, he changed the locks on her house and will not give her a key. he also will not take her to her house to get things she wants. she has not been back in the house since december 17th. what can i or she do? she is afraid to confront him. i am not but want to cause no commotion if possible. she says if she disagrees with him over things he gets angry and tells her he is the boss and she cant fire him. i really need help. i have two brothers with wives who would be willing to do this for her that live near her. i am in virginia. she doesnt want him to be mad but feels she should have a right to say what she wants. when she went into the assisted living home my uncles wife went and chose the furniture for her apartment and did not let her pick it herself even though it was purchased with mothers money. he makes her let him see how much money she has daily and wants to know where every penny goes. once again she is 100% competent. he tells her what she will and wont do and as i said intimidates her if she disagrees. she is in the assisted living home because she needs daily medication and also she could not upkeep the large yard and home she was in alone. what can we do?What is the name of your state (only U.S. law)?
 


anteater

Senior Member
my uncle was given power of attorney (durable) over my mother ...
Your phrasing of this in the passive voice is rather odd. A person (the principle) grants power of attorney to another person (the agent) to act on the principle's behalf. Is this what occurred? Did your mother grant that power to your uncle?

If your mother is still legally competent, she does not give up the right to make her own decisions. Also, she is free to revoke uncle's power of attorney and grant that power to another person or persons.

But, if everybody is worried about making uncle mad or causing a commotion, then nothing will get done. Your mother should consult with an attorney about revoking uncle's power of attorney and granting any needed power to someone else.
 

cab

Junior Member
answer

yes my mother gave him power of attorney. but i feel he pushed her into it when my father died. my dad asked him to be executor of his will and to make sure my mother was taken care of. he took her to "take care of the rest of the will," came back and said i just want you to know i've gotten power of attorney for your mother and so i am in charge. my mother felt that it would be for him to help her take care of selling the house and what not. at first she let him be in charge no questions asked. but now she feels trapped by him. he treats her like a child is what she says. she also said she would talk to her attorney this week and to him one more time to tell him she feels he is too pushy. however, she said she doesnt know how she will go see her attorney without him knowing because he gives her money and she would need to pay the lawyer. she doesnt even have a checkbook. he gives her x amount of money a week and wants reciepts for what she spends. she has plenty of money in the bank and is thrifty with her money. i am going there saturday and although i hate to rock the boat i will not let him continue to make her feel this way. she said to me that it was a secret from my uncle that she had my brother take her to her house. she couldnt go in because she has no keys (thanks to him). why should it be a secret she went to her house? its hers!!!! my father would not have wanted this to happen and honestly i cant sit by and let it.
 

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