power of attoney

[justice4dad]

What is the name of your state?Louisiana
The attorney for our sister, having received a social security document stating that our father has dementia and alzheimer 's and signed by a doctor the day before. The attorney had our dad sign the power of attorney over to our sister, then she sold our fathers home that has been in his family since 1860 against his will according to our dad.He has stated this on audiotape at his sister's home before they moved him to unknown location.Is it proper for an attorney knowing that the party has dementia and alzheimer's to have him sign a power of attorney?

 

[BlondiePB]

Please use correct puncutation and some punctuation to correct run on sentences. It will make your post make more sense. Then ask your legal questions. Thank you.

 

[BlondiePB]

Call Adult Protective Services in the county where dad/sister resides report this and report sister. Persons with dementia are not competent to sign POAs.

 

[justice4dad]

Call Adult Protective Services in the county where dad/sister resides report this and report sister. Persons with dementia are not competent to sign POAs.

BlondiePb, we already did that. May I ask what do you do?

 

[BlondiePB]

Need Details

BlondiePb, we already did that. May I ask what do you do?

What were the findings of Adult Pprotective Services (APS) investigation?

How long ago was APS notified?

Did APS locate your dad?

Who are "we"?

 

[justice4dad]

BlondiePB, are you an attorney?

 

[FESTINA]

1) Did the Doctor state that your father was incapable?
2) Did your sister provide Title Insurance to the buyer?
3) Did your father sign the POA?

Dementia in itself does not rule out capability. One can have good days and bad days.

 

[BlondiePB]

BlondiePB, are you an attorney?

No, I am not an attorney. I am a legal guardian/fiduciary/health care surrogate for abused elders (including self abused/neglected) and POA (both durable and medical), Trustee, and Representative Payee for Social Security for my elder mother. I am well versed in these laws, what constitutes abuse of theses laws, and what agencies/people to contact regarding abuse of these laws. I am legally accountable, responsible and liable to the court for what I do. My background was checked by the court. I detest elder abuse and exploitation. These posts are read by attorneys who will catch inaccuracies and wrong information and am glad that they do so.

If you want to be pointed in the right direction, please provide me with the info I requested and I will gladly do so.

 

[BlondiePB]

1) Did the Doctor state that your father was incapable?
2) Did your sister provide Title Insurance to the buyer?
3) Did your father sign the POA?

Dementia in itself does not rule out capability. One can have good days and bad days.

FESTINA, this situation is a clearly elder abuse and exploitation. A person that has dementia is incapable of signing a valid POA. The person that bought the house would be an innocent party to the sale unless that person was a party to the exploitation of the OPs father.

 

[FESTINA]

Blondie
I agree that this is elder abuse. The sister abused the trust her father placed in her. And, if she used the funds from the sale of the house for her own benefit .....she might have a big problem.
If the buyer of the house didn't ask for title insurance, then I would be very suspicious of his role. Unless the name of the owner had been changed.
Surely, a doctor can diagnose an organic brain syntrome such as dementia in an early stage of development -e.g. a person may get forgetful, but still be aware of what he is doing. I only suggested this because, if it goes to court, that will be the defense. Be prepared.
I have read of probate contests for mental capability where the testator was mentally incapable of making a will before the date of the will and then again after. But, on the day of the will - there was no proof that he was incapable. The court ruled that the will is valid. Of course, a POA is different than a will, as it is a legal contract. I accept that.

 

[seniorjudge]

What is the name of your state?Louisiana
The attorney for our sister, having received a social security document stating that our father has dementia and alzheimer 's and signed by a doctor the day before. The attorney had our dad sign the power of attorney over to our sister, then she sold our fathers home that has been in his family since 1860 against his will according to our dad.He has stated this on audiotape at his sister's home before they moved him to unknown location.Is it proper for an attorney knowing that the party has dementia and alzheimer's to have him sign a power of attorney?

Q: Is it proper for an attorney knowing that the party has dementia and alzheimer's to have him sign a power of attorney?

A: http://www.nbtanet.org/public/discipline/index.shtml

File a complaint with the LA state bar.

 

[BlondiePB]

Blondie
I agree that this is elder abuse. The sister abused the trust her father placed in her. And, if she used the funds from the sale of the house for her own benefit .....she might have a big problem.
If the buyer of the house didn't ask for title insurance, then I would be very suspicious of his role. Unless the name of the owner had been changed.
Surely, a doctor can diagnose an organic brain syntrome such as dementia in an early stage of development -e.g. a person may get forgetful, but still be aware of what he is doing. I only suggested this because, if it goes to court, that will be the defense. Be prepared.
I have read of probate contests for mental capability where the testator was mentally incapable of making a will before the date of the will and then again after. But, on the day of the will - there was no proof that he was incapable. The court ruled that the will is valid. Of course, a POA is different than a will, as it is a legal contract. I accept that.

I don't know about Louisiana, but when I bought my condo 2 title companies and a RE attorney all told me that it is a state law here that both the buyer and the seller must buy title insurance. Right now, whether or not whoever bought justice4dad's father's home and purchased title insurance is not as important as finding his father. Knowing what happened with APS is also important. You better believe it that this will end up in court. The sooner the better. Read about all this crap? Heck, I see it first hand. It's sickening!!

 

[justice4dad]

1) Did the Doctor state that your father was incapable?
2) Did your sister provide Title Insurance to the buyer?
3) Did your father sign the POA?

Dementia in itself does not rule out capability. One can have good days and bad days.

The Social Security form stated he had dementia and alzheimer's.
No,title insurance was provided.
Yes, my father signed the POA.

 

[justice4dad]

Q: Is it proper for an attorney knowing that the party has dementia and alzheimer's to have him sign a power of attorney?

A: http://www.nbtanet.org/public/discipline/index.shtml

File a complaint with the LA state bar.

A complaint was file with the La. Bar, they dismissed it. however, the attorney with them said he felt uncomfortable on what took place.

 

[justice4dad]

What were the findings of Adult Pprotective Services (APS) investigation?

How long ago was APS notified?

Did APS locate your dad?

Who are "we"?

They would not answer us regarding their results.
We located our dad using a sheriff deputy.Dad's siister and my brother and I.