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What is Full Power of Attorney?

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AMom4xGirls

Junior Member
What is the name of your state? Virginia

Could you tell me what full power of attorney is, that is what my aunt says she has over my grand mother (she is 82) , and can she buy my grandmas house for a dollar in something called a deed of gift? My grandma had bleeding on the brain from a stroke and fractured pelvis in two places from a fall about 3 weeks ago she has been in the hospital she goes to a nursing home today.
My aunt has been lying about the way things have been done and we have since discovered the truth through a little research. my aunt is one of 11 childeren, no one knew anything about what she was up to until after it was done, my grandma has insisted that she did not know that she was giving her house away, they brought papers for her to sign in the car while she was waiting. Can any one help?
 


GaAtty

Member
This is seen so often. A "full power of attorney" is very powerful--it means that your aunt can run all over your grandmother's affairs in every way, including selling her property of going through the money in her bank account. If your grandma is competent enough to say that she did not know what she was signing, then she is compentent enough to revoke the power of attorney. You should check with an attorney in your state, however, in my state, the power of attorney is revoked by your grandmother signing a document that states that she is revoking the power of attorney made to your aunt, and it must be filed in the county courthouse in the county where the power of attorney was signed. If your grandma is not competent, then you need to get a guardian appointed for her, and the guardian can then sue your aunt to get the house back. Actually, the aunt can't legally sell your grandma's house to herself for a dollar, because a person with power of attorney is a "fiduciary", which means they are in a position of trust. They cannot abuse their power by taking advantage of the person, especially if it will benefit the aunt. So her actions violate that trust, and she can probably be successfully sued.
 

AMom4xGirls

Junior Member
Thanks so Much, Hope it is not to late to do something

I am hoping that it is not to late the house and power of attorney was done in March 2006, and the stroke in June 2006, I think that grandma nearly worried herself to death over this, my aunt has already gotten rid of most all her household stuff and her money is going like the wind. :( It is a shame for an elderly person to struggle and work for what they have and someone come in and take it all away.
 

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