• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

POA starting to abuse their power - what rights do we have?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

trandyball

Junior Member
We're in Washington state.

So my wife's mother has dementia. She has two daughters who she's had a great relationship with their entire lives. But they're not so good with finances, so she appointed her own brother, their uncle, as POA. Against their will and knowledge. Worth noting that he hadn't been in her life much prior to this and also worth noting that she had saved up a somewhat substantial amount during her decades of employment in a bank. He got the paperwork signed swiftly and in secret.

The girls are two of the nicest people you've ever met, my wife's a therapist, which is a testament to her ability to be rational at least. But the uncle, in turns out, is one nasty piece of work and has got it into his head that the girls are bad and need to be kept out of every possible facet of their mother's life except visiting her. The uncle moved the mother into a care home close to him and his wife, but an hour and a half drive from the girls for example and they had no say in the matter. The uncle withholds most medical updates too, including any time she has an injury. The girls protest as peacefully as possible, begging to be notified of various issues, and then get met with aggression and accusations of not doing nearly as much work to care for the mother. Often provably false accusations.

I recently had to step in and I wrote a long email defending the girls and asking why the uncle's side of the family (almost all of which have mental health issues) are being so vindictive. I was threatened with not being able to see my mother in-law again. I sent an email saying I didn't want any more contact, just to leave me out of it. I was then told that I was in fact banned from seeing her. My theory is that he's trying to take her money and fabricate a case that the girls can't have any due to negligence or some such. She never made a will.

Here's the sorts of things we want to know:

1. Can we contest this ban of be not being able to see her? or is his power absolute?
2. Is there any legal situation where his power can be contested in general if he withholds medical and financial information from the girls? given that their mother has them as next of kin in at least one of her investment accounts.
3. What happens when she dies? the girls want to have control over the funeral and not have that final act be also taken away from them. Is there a way he can prematurely take control over the funeral proceedings given that he has control over the mother's finances now?
4. Any chance (given that we have email proof of his lack of reason and compassion) he can be sued for emotional distress?
5. Can he just take all her money with no repercussions?
 


Zigner

Senior Member, Non-Attorney
1: It depends on the contents of the POA. The POA may not even be valid at this point, depending on exactly how it was written.
2: Same as #1.
3: Upon mom's death, the POA ceases. As the next of kin, the daughter's would be the ones who make those decisions. For the second part of this (how the finances are handled), same as #1.
4: No.
5: Not likely, but a lot depends on the POA.
 

HRZ

Senior Member
IF Mom at the time lacked the mental marbles to create a contract which is what a POA is , the powers granted may be void

IF the POA acts to line own pockets with POA it may be possible to have POA revoked .

IF Mom has enough mental capacity on a good day to execute a contract she may be able to quickly revoke the powers she granted .

BUt this is rather time sensitive....somebody needs to step up and move the ball to help her , if the POA drains the pot there may be zero practical options in the end .
 

trandyball

Junior Member
IF Mom at the time lacked the mental marbles to create a contract which is what a POA is , the powers granted may be void

IF the POA acts to line own pockets with POA it may be possible to have POA revoked .

IF Mom has enough mental capacity on a good day to execute a contract she may be able to quickly revoke the powers she granted .

BUt this is rather time sensitive....somebody needs to step up and move the ball to help her , if the POA drains the pot there may be zero practical options in the end .
She had about enough sense at the time and now she's full on hallucinating, so even if she had a good day, it could easily be turned around and contested that she lacks clarity of mind. And the problem is we won't know if he's taking her money or not and likely won't know until after she dies. He and his wife are doing a good job of helping her and we're imagining that he'd see that as grounds for compensation.
 

LdiJ

Senior Member
She had about enough sense at the time and now she's full on hallucinating, so even if she had a good day, it could easily be turned around and contested that she lacks clarity of mind. And the problem is we won't know if he's taking her money or not and likely won't know until after she dies. He and his wife are doing a good job of helping her and we're imagining that he'd see that as grounds for compensation.
Well, the girls could file for guardianship of her which would cancel out the POA if they got it. However, if he and his wife are doing a good job of taking care of her it might be hard to get guardianship.
 

trandyball

Junior Member
Well, the girls could file for guardianship of her which would cancel out the POA if they got it. However, if he and his wife are doing a good job of taking care of her it might be hard to get guardianship.
Thanks, I didn't know that was a thing. They are doing a good job but we have a lot of evidence that he's refusing to include the daughters in any part of their mother's life except visitations. With enough evidence (emails/photograhs etc.) to prove that their relationship was close and intact, in my (possibly naive) assumption, one could maybe assert that guardianship could be granted... ?
 

FarmerJ

Senior Member
Did any of you contact your states offices for vulnerable adults to look into this ? POA is not guardianship unless he managed to get her declared incompetent ? any way your states offices for elderly -vulnerable adults is where to start.
 

trandyball

Junior Member
Did any of you contact your states offices for vulnerable adults to look into this ? POA is not guardianship unless he managed to get her declared incompetent ? any way your states offices for elderly -vulnerable adults is where to start.
Never heard of this. Thanks for the info, will pass it on to the wife.
 

Zigner

Senior Member, Non-Attorney
thanks for the link. I don't think that's going to be an avenue to pursue though as the issue isn't the care he's giving, but more of an abuse of power and using it to negatively impact the lives of others.
Abuse of the PoA for an elderly person IS elder care abuse.
 

PayrollHRGuy

Senior Member
thanks for the link. I don't think that's going to be an avenue to pursue though as the issue isn't the care he's giving, but more of an abuse of power and using it to negatively impact the lives of others.
What Zigner said. And if that isn't the correct agency they will point you in the right direction.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top