DPOA Revocation

[kellyMN]

What is the name of your state? Minnesota
Hopefully a quick one - My grandfather signed a DPOA with my mom as DPOA back in 1995. He also signed a trust agreement having my mom and him as co-trustees. He has since developed moderate dimentia and has been diagnosed by 3 DR's and 2 NP's, plus a state social worker. We had to place him in an assisted living facility and he has been receiving around the clock care for 2 years.

Two weeks ago a friend of the family got a lawyer and had my grandfather sign a new DPOA and she then tranferred his entire savings into a different account, which my mom does not have access too.

The care facility, at the time, said that he was clearly incompetent to sign a new DPOA and they were going to honor my mom's DPOA. However, now they are riding the fence and contacting both parties when he is need of care. We haven't disagreed on treatment as of yet.

But my major problem is with the new DPOA and getting the funds transferred back? What recourse do we have. We do have an attorney that has filed for guardianship by my mom but our court date won't be until mid-MArch. What the heck happens until then?? How do we pay his bills, etc.?

Can we get the assets frozen and how would we do that? I'm not sure if our attorney understands everything!!

Thanks for your help!! Stuck in MN!

 

[seniorjudge]

"...We do have an attorney that has filed for guardianship by my mom but our court date won't be until mid-MArch. What the heck happens until then?? How do we pay his bills, etc.?..."

You really need to be going through your attorney with all these questions.

 

[kellyMN]

What - we did go through our attorney and haven't gotten an answer.

This is why attorney's give themselves a bad rap - they all seem to go round and round and don't give you an answer and then they refer you back to an attorney.

Is our only recourse guardianship and if yes, then do we really have to wait until March for resolution? Can't attorney's work things out or do they not have the best interests of their client's in mind!! Does this have to end up in the court system?

We have clear concise medical evidence from his DR's and others that clearly state his incompetency - why do we have to wait until March when we already have a valid DPOA signed by my grandfather in 1995?? Plus a trust agreement signed in 1995 and 1998 when my grandfather was of sound mind.

Geez - what is the point of this forum if we can't ask a valid question?

 

[seniorjudge]

Is our only recourse guardianship and if yes, then do we really have to wait until March for resolution?
Yes, you need a guardianship and no, you do not have to wait for March. Get an attorney and start the proceedings asap.

Does this have to end up in the court system?
If you cannot settle it outside the court system and still want a resolution, then you must go through the court system.

We have clear concise medical evidence from his DR's and others that clearly state his incompetency - why do we have to wait until March when we already have a valid DPOA signed by my grandfather in 1995??
Because, as you said, "Two weeks ago a friend of the family got a lawyer and had my grandfather sign a new DPOA and she then tranferred his entire savings into a different account, which my mom does not have access too."

Geez - what is the point of this forum if we can't ask a valid question?
I gave you a correct answer in my first post: "You really need to be going through your attorney with all these questions."

 

[BlondiePB]

If you are not satisfied with the current attorney, hire another one that specializes in guardianships. The typical timeframe it takes for all this is 6-8 weeks. Your mother can pay the expenses out of her own pocket and then petition the court for reimbursement. Keep all receipts. Your mother can also speak with the ALF's business office regarding the delay of payment until all is settled.