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Power of Attorney!?!?!?
I have a really dear friend who's father recently passed away from cancer. Right when they found out he had the cancer it was too late to even begin doing anything about it so they sent him home for hospice care. This young girl about 25 comes in and changes all the locks on the door so my friend and her brother can't even go in to see their dieing father. My friend is 21 of legal age and her brother is 16. After their father died the woman becomes the Power of Attorney, or she did it before. The 2 kids got to go in the house and sit down and make a list of everything they wanted that wasn't on their father's will. After they made the list this evil woman sends everything they want for memorabilia off to auction. My friend's mother, who was divorced from the father had to go to court to become the legal guardian over her own son because the POA was getting ready to do something else with all of the son's vehicles: his truck and 4-wheeler. Is there anything that can be done by my friend since she was this mans daughter and she is of legal age? I think it's such a horrible thing to do to take control over everything and sell it for money like that. It's so greedy and selfish.
4 Answers
- ?Lv 71 decade ago
Greedy and selfish aren't illegal.
the daughter would have to go to court and convince a judge that her father gave this other female general power of attorney over his estate by some fraudulent means, and that would be a very hard thing to do. Just telling the judge she is a mean and greedy and selfish person isn't going to get him to remove the power of attorney.
She needs to contact an attorney that specializes in estates. She will never get this done on her own.
- burtlikkoLv 61 decade ago
Go see a probate lawyer immediately. There are things you can do to invalidate the power of attorney, there are things you can do to freeze up the money this woman is holding from the sale of the father's stuff, there are things you can do to stop her from proceeding. But you have to do them RIGHT NOW.
Do not pass "go." Immediately contact your local bar association, and ask for a reference to a probate lawyer. Ask for a same-day appointment and then ask the lawyer about restraining orders and preliminary injunctions.
It's going to cost you some money. But unless you want to see this woman take everything for herself and leave the family with nothing, you have no other good option.
- Bonkers!Lv 71 decade ago
Totally irrelevant and wrong. Power of Attorney automatically ends at death. You cannot extend it or create one after death.
As the others said, go see a probate lawyer immediately.
- lucy louLv 51 decade ago
They really need to get a lawyer. I doubt their father was in sound mind when he gave her POA. but also, they need to get into getting his social security benefits too especially the younger child.
