QUESTION
In North Carolina, can a Power of Attorney be overrided by a new one if the original person assigned as POA was not informed, and no papers were filed
Asked on Aug 27th, 2012 on Elder Law - North Carolina
More details to this question:
My dad had originally assigned my brother to be POA in 1999. My stepmother filed one after my dad had a stroke in 2011. my dad is presently at a nursing facility in Wilm. but is still fairly knowledgeable despite the fact that he requires memory care. My stepmother, who is 82 and not physically well may not be acting in my fathers best interest. Their assets have always been separate (second marriage - many issues). However, her premise seems to be that what is hers is hers and what is my fathers is hers, even though my father wants things done differently. I live in PA, but have been down to see my dad three times since the beginning of July. My brother and I are of the same opinion that we want to assure that my fathers assets are used exclusively for his care, as the facility is extremely expensive. Also property that my dad has expressly given to us has been withheld by my stepmother. We believe an attorney should be involved. Thank you so much.
1 ANSWER
Litigation Attorney serving Raleigh, NC
at
Burns, Day & Presnell, P.A.
Update Your Profile
These types of elder law issues are difficult to deal with, and I strongly encourage you (and/or your brother) to speak with a qualified attorney who practices in this area soon. Estate-related disputes, including breach of fiduciary duty and misuse of powers of attorney, are complicated matters, and oftentimes if the family member who suspects something is wrong doesn't act, the underlying money/estate is wasted before anything can be done about it. My firm has extensive experience in these types of disputes, and we offer free initial consultations (as do several other firms). Regardless, it is important to at least speak with someone, and that way you can make a more informed decision as to your best course of conduct. I am sorry to hear about this situation and know it is difficult, but again, I encourage you to act soon. Either way, good luck going forward.
-Jay Mills
James J. Mills
2626 Glenwood Ave., Ste. 560
P.O. Box 10867
Raleigh, NC 27605
Telephone: 919.235.3824
Fax: 919.782.2311
www.burnsdaypresnell.com
Answered on Aug 27th, 2012 at 3:02 PM