What type of attorney do we need?

[Lucy05]

What is the name of your state? HI
We believe my aunt has been financially exploited by her former POA agent, (a non-relative). Additionally, the former POA agent is not "accepting" the revocation and has retained an attorney. Claims the family did not know her medical condition and that she was diagnosed with dementia. Former POA did not have legal guardianship for my aunt, she lived alone, cooked, was still driving and taking care of herself. Based on doctor reports I was able to find, she might have dementia based on the "reports" from her former POA agent. In the meantime, since moving her back to her own home, per her request, we found out that there was a mortgage taken out on her home, with the help of her former POA agent. Based on our findings, the money was not used for her benefit. Now the former POA and his attorney, want to "settle" with us for a partial amount of the mortgage. If we don't agree, they want to pursue litigation against us for a host of infractions. What type of attorney do we need to get to represent us?

 

[BlondiePB]

What is the name of your state? HI
We believe my aunt has been financially exploited by her former POA agent, (a non-relative). Additionally, the former POA agent is not "accepting" the revocation and has retained an attorney. Claims the family did not know her medical condition and that she was diagnosed with dementia. Former POA did not have legal guardianship for my aunt, she lived alone, cooked, was still driving and taking care of herself. Based on doctor reports I was able to find, she might have dementia based on the "reports" from her former POA agent. In the meantime, since moving her back to her own home, per her request, we found out that there was a mortgage taken out on her home, with the help of her former POA agent. Based on our findings, the money was not used for her benefit. Now the former POA and his attorney, want to "settle" with us for a partial amount of the mortgage. If we don't agree, they want to pursue litigation against us for a host of infractions. What type of attorney do we need to get to represent us?

An Elder Law attorney that specializes in Elder Abuse. Also apply for guardianship over auntie. Guardianship cancels POA.

 

[Dandy Don]

Find out from the attorney whether that state has laws against abuse of POA and whether that applies here, and also check the relative's medical records to see if perhaps she had already been diagnosed with dementia during or about the time that she signed the POA, which would be obviously taking advantage of the lady.

DANDY DON IN OKLAHOMA ([email protected])

 

[Lucy05]

What are the requirements of getting guardianship? ie;background checks, home visits, etc?

BTW, we found an attorney who is reviewing our case as I type, it sounds as if he can help us and suggested possibly getting guardianship.

 

[BlondiePB]

What are the requirements of getting guardianship? ie;background checks, home visits, etc?

"Squeaky clean" background is required. Home visit to alleged incompetent (auntie). If her home is untidy, leave it that way as it's part of the evaluation.

BTW, we found an attorney who is reviewing our case as I type, it sounds as if he can help us and suggested possibly getting guardianship.

Good.