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POA abusing power, What can we do?

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Thank you to anyone who takes the time to read this. I very much appreciate it.

I have several questions in regards to POA and my Grandmothers will. My Uncle is an Attorney and he is both POA and Executor of her will. As far as I know, this was all set up by him and through his law firm. To the best of our knowledge, my Grandmother willingly made him both because he is an attorney and she trusted him.

Problem is, when her health started getting worse, him and his entire family moved into her house to take care of her and because she had allegedly wanted the house to stay in the family and me and my mom cannot afford it. We did not have a problem with this. We understood, and were fine with it because we were under the impression that things would be done right and in my Grandmothers best interest as well as the rest of her families.

But now me and my mother are really not liking how things are transpiring and my Grandma is on hospice in her house without much longer left to live.
We are being denied a lot of things and I'm not sure its legal.

My grandmother had always let us spend nights or even weeks at her house when she had all her mental faculties and we live far away so we cannot afford to drive there very often to see her.

We are allowed to visit, but only on their terms (my Uncle and wife) I understand that POA may have these powers to limit visitation but they are limiting access to the whole house and I'm not sure where the line gets crossed into abuse of power or into not acting in my Grandmothers best interests. Because she would have never wanted whats being done to us.

My uncle is showing extreme favoritism towards his wife and ignoring all of OUR wishes.
He is power of attorney, but his wife is dictating EVERYTHING as if SHE is and as if SHE is the homeowner.

We are not allowed to spend a few days there or even a night because SHE doesn't want us to.

We wanted to have an early Christmas with her when she was in better health. The wife didn't want us to.

Then we wanted to have Thanksgiving at her house like its always been and we offered to cook and everything. The wife didn't want us to.

Now we have to go have it at his friends house, but my Grandmother apparently just stopped eating yesterday so who knows if that will happen. Plus we didn't want that, and we know Grandma would have preferred to have it at her house out of tradition.

My uncle says if shes still around by Christmas, that they will put her in a hospice center and they will have Christmas without us and us without her out of state. I suspect this is the wife's doing too. Because she is acting territorial over my Grandmothers house.

They act like they already own the house even though my Grandmother is still alive and we have not received our inheritance which is to be split 50-50 between my Uncle and my Mom.

He has always been very aggressive and hostile towards us and it makes it even difficult to discuss anything or ask for copies of the will and other documents etc. because we know it will start an argument or a fight.

They have moved all their stuff in, made physical changes to the house, thrown things out of my Grandmas without asking our consent, they got a hospital bed delivered and had it set up in the living room at first but then they moved it upstairs and moved her into THEIR old bedroom instead of HER master bedroom.
They claimed it was because the hospital bed would not fit and because they wanted room for visitors even though her master bedroom is 2-3 times the size as the room they put in her now. They said it was because her regular bed in the master was taking up too much space and that's why they couldn't put the hospital bed in there but yet he moved his bed out of his room, moved several pieces of large furniture, switched everything in their closets and everything out of her master bath etc.

This is all VERY upsetting to my mother in particular and me as well and we don't know how to handle this or what legal rights we have. I know my Grandmother would not be ok with a lot of this if she were in her right mind, and we don't even want to ask her now because we don't want to cause problems or upset her in her last days.
And with how we are being shut out and treated right now, we are concerned we will be cheated on our inheritance. He took control over her finances many months ago now, and God only knows what hes done with it so far. We don't know what she had in her accounts then and we know she has more accounts than the 1 he mentioned which he said we will split, but the amount seems low to me. Is there anyway we can legally challenge his POA and get her will and see her financial records for ourselves to ensure hes doing things honestly?

What can we do?

Any advice would be great. Thank you so much.
 


PayrollHRGuy

Senior Member
But shes not. And she won't. She made him POA because she trusted him. If she only knew what was being done.
There is little you can do at this point. Your and your mother's feelings really have little to do with this. Your GM put someone in place with a POA that she trusted.
 
There is little you can do at this point. Your and your mother's feelings really have little to do with this. Your GM put someone in place with a POA that she trusted.
I have to strongly disagree. If he is not properly executing her wishes, then he is failing as her POA. Her interests are supposed to be put above his own or his wife. I think she would strongly take issue with whats occurring. Its not merely about our feelings. This is about concrete observations which seem to show our feelings are based in fact.
 

PayrollHRGuy

Senior Member
I have to strongly disagree. If he is not properly executing her wishes, then he is failing as her POA. Her interests are supposed to be put above his own or his wife. I think she would strongly take issue with whats occurring. Its not merely about our feelings. This is about concrete observations which seem to show our feelings are based in fact.
The Grandmother made him the POA when she was of sound mind. She isn't of sound mind now so you really don't know her wishes.

Your mother's and your feeling don't matter. If you have evidence that the POA is doing something that is not in the best interest of your Grandmother you haven't mentioned it.
 

Shadowbunny

Queen of the Not-Rights
I get that your frustrated, but your uncle and his family are living there. Which means they don't have to host Thanksgiving, Christmas, or any other event. And of course they'd move their stuff in -- what else should they do?

As to the finances -- your Mom is free to ask for an accounting; Uncle is free to say no. It's quite possible that he's spending the money on grandma's care, and not to line his own pockets.

Bottom line: unless you have proof of wrong-doing, please be careful of accusing anyone of abuse.
 

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