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blistexluv
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What is the name of your state?What is the name of your state? New Jersey
My SO's grandfather died last year leaving his entire estate to his second wife, whom I will call Mary in this post, to be passed along to his family upon her death. I will just list the facts followed by my question.
-Because we live in a different state than Mary does a 'businesswoman' was hired to assist Mary (such as getting to doctors appointments). I am unsure what the business is technically called, but this woman helps the elderly for a living and is bonded.
-This businesswoman succeeded in getting Mary to give her POA. She now charges Mary $1500/month for her services and put Mary in an extremely expensive assisted living facility.
-The businesswoman takes Mary to a psychologist of her choosing, who has deemed Mary to be mentally fit and capable, but we think Mary is demented/senile, if not affected with Alzheimers. She cannot carry on a coherent conversation for very long, forgets who she is talking to (even if they're standing in front of her), asks the same questions over and over, and even said to my SO a few weeks ago, when he told her my own grandfather had just died, "it's a good thing your grandfather is still alive and kicking." mary has twice "wandered away' from her facility in the past few months "to take the train to see her mother". Mary is 89 years old. The assisted living facility now charges Mary $2500/month for somebody to sit with her all day to make sure she doesn't wander away.
-The businesswoman ignores phone calls and evades questions about Mary's health, living arrangements, and money. She has already been caught in a lie (regarding a certified, dated check), and others are suspected. We believe this woman is simply taking advantage of a lonely, senile woman and we want her out. My SO's grandfather wished him to have POA and we want it to be that way, but Mary won't sign it away from this businesswoman. At the rate she and the facility are charging Mary not only will there be no inheritance left, but Mary herself will be out of money soon.
My question:
My SO's mother has consulted with two separate lawyers concerning this situation. She wants POA transferred away from the businesswoman so Mary's own family, rather than a stranger, can make decisions. Both lawyers have told her the family is out of luck and there's no legal foot for her to stand on as long as Mary is deemed competent (and that she would have to be "virtually comatose" in order to be declared incompetent).
I told her she should consult a third lawyer, but this time one specializing in elder law. She is hesitant to do so, however, because the first two told her to give up. So I'd like to know if anyone here thinks there may indeed be a chance of legally gaining POA over Mary so that my SO's mother will consult a specialist. She lies awake night after night with this stress and I'd like to give her a bit of relief if possible.
Thanks much for wading through all this!!
My SO's grandfather died last year leaving his entire estate to his second wife, whom I will call Mary in this post, to be passed along to his family upon her death. I will just list the facts followed by my question.
-Because we live in a different state than Mary does a 'businesswoman' was hired to assist Mary (such as getting to doctors appointments). I am unsure what the business is technically called, but this woman helps the elderly for a living and is bonded.
-This businesswoman succeeded in getting Mary to give her POA. She now charges Mary $1500/month for her services and put Mary in an extremely expensive assisted living facility.
-The businesswoman takes Mary to a psychologist of her choosing, who has deemed Mary to be mentally fit and capable, but we think Mary is demented/senile, if not affected with Alzheimers. She cannot carry on a coherent conversation for very long, forgets who she is talking to (even if they're standing in front of her), asks the same questions over and over, and even said to my SO a few weeks ago, when he told her my own grandfather had just died, "it's a good thing your grandfather is still alive and kicking." mary has twice "wandered away' from her facility in the past few months "to take the train to see her mother". Mary is 89 years old. The assisted living facility now charges Mary $2500/month for somebody to sit with her all day to make sure she doesn't wander away.
-The businesswoman ignores phone calls and evades questions about Mary's health, living arrangements, and money. She has already been caught in a lie (regarding a certified, dated check), and others are suspected. We believe this woman is simply taking advantage of a lonely, senile woman and we want her out. My SO's grandfather wished him to have POA and we want it to be that way, but Mary won't sign it away from this businesswoman. At the rate she and the facility are charging Mary not only will there be no inheritance left, but Mary herself will be out of money soon.
My question:
My SO's mother has consulted with two separate lawyers concerning this situation. She wants POA transferred away from the businesswoman so Mary's own family, rather than a stranger, can make decisions. Both lawyers have told her the family is out of luck and there's no legal foot for her to stand on as long as Mary is deemed competent (and that she would have to be "virtually comatose" in order to be declared incompetent).
I told her she should consult a third lawyer, but this time one specializing in elder law. She is hesitant to do so, however, because the first two told her to give up. So I'd like to know if anyone here thinks there may indeed be a chance of legally gaining POA over Mary so that my SO's mother will consult a specialist. She lies awake night after night with this stress and I'd like to give her a bit of relief if possible.
Thanks much for wading through all this!!