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Power of Attorney

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Open357

Junior Member
What is the name of your state? Texas
My Aunt is 80yrs. Her eldest son was living with her for 17 yrs before he died 2 months ago. When he died, our family contacted her youngest son to assist with his brother funeral. My Aunt don't have a relationship with him because 10 years ago her home was damaged in a fire. She went to live with her youngest son out of state (cali). He asked her to leave because his wife didn't want her there. He would call her approximately once a year (Christmas). After her son funeral, her youngest went home to California and no one heard from him since. I'm looking to purchase a new home and was online looking at houses. I noticed her home was listed for sale, but there isn't a sign on the property. My Aunt been living with a niece. On weekends we take turns spending the night with my Aunt in her home because she misses her house and to give her niece a break. I found out from a relative out of state(cali) that her son have POA and is trying to sell her home. I brought her to the bank and $7100 is missing from her account. My Aunt is clear about her relationship with her son and does not want to sell her home. He is telling everyone she has Alzeihmers disease but when we took her to the doc she only had a bladder infection. A bladder infection in someone ger age can effect her mind. I was also told the attorney met her son at her home to give him POA when he was here for the funeral. We are working on getting her a companion nurse for 5 nights and we can take turns visiting her during the day. What can we do? My Aunt is capable of taking care of herself and don't need to be in a nursing home.
 


justalayman

Senior Member
Then your aunt needs to revoke the POA right now.

Depending on what the $7100 was taken for, she may have a civil action against her son. It may be criminal as well.



After re-reading the post

Who granted the POA? If your aunt, then she needs to rescind it.. If some sttoemry, what relationship did she have with this attorney? It’s unlikely he had the authority to grant a POA for your aunt
 

justalayman

Senior Member
Your aunt should also call whatever real estate brokerage the home is listed with and inform them she has no intention of selling her home.
 

Open357

Junior Member
The $7100 consist of various charges in the same city her son live in and online purchases. We have a family attorney and waiting to contact him on Monday. Just found out about everything yesterday evening.
 

HRZ

Senior Member
It makes sense for Aunt to immediately revoke in writing to her son her grant of POA with copies to just about everyone who might have contact with Aunt or her son .

IF son has abused the POA to use any of the funds for his personal use or that of anyone but Aunt then Aunt needs to discuss with attorney options to put maximum heat on son to fully restore her accounts plus any of her costs

It might also be smart to grant a new durable POA to somebody more reliable and trustworthy .

Aunts attorney should know best how to put heat on son to reconstruct her account.

It might be financially prudent to get her home sold .but her choice of son as POA may be bad one to,use going forward. .

SHe needs the cast iron stomach to do as the facts support if Son raided accounts for his personal gains.
 

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