North Carolina Elder Legal Questions

You don't have a legal right to have access to his finances.  That being said, if you are concerned that your sister is misusing funds pursuant to the power of attorney, you should speak with an attorney with experience in elder abuse issues as well as estate dispute and inheritance dispute issues.  Most lawyers with expertise in these areas offer free initial consultations, so it typically can't hurt to talk with an attorney.  Good luck going forward. Jay Mills Burns, Day & Presnell, P.A. 919.235.3824 (phone) jmills@bdppa.com... Read More

Incompetency proceedings have some very specific protocols that you must follow.  My suggestion would be that you contact an attorney in your area with specific experience in guardianship proceedings.  He or she will be able to give you more direct guidance.  Good luck going forward.  -Jay Mills... Read More

This is a terrible, but unfortunately common, situation.  People often abuse powers of attorney given them by elderly family members or friends.  To answer you initial question, if your father lacks the mental capacity to make this gift of his house, the transfer is null and void.  However, a mere diagnosis of alzheimer's is not enough - as you know, there are significantly varying degrees of that condition which worsens over time.   I will say that you should not wait to contact an attorney.  Typically, once you learn about one of these inappropriate transfers, it is indicative that others have already occurred.  Our office has seen entire estates get wiped out, and then too often the clients are left kicking themselves for not acting more quickly at the first signs.   Most law firms, including our office, offer free initial consultations for this type of work.  You should contact someone knowledgeable about these issues as soon as possible before planning your next steps.  Good luck going forward.  -Jay Mills... Read More

You need to consult with an estates disputes or probate attorney as soon as possible.  All too often elderly people place their trust and confidence in others by granting people powers of attorney or other similar powers, only to have that trust and confidence taken advantage of.  Typically, a refusal to provide you any information to a simple request for an accounting should be taken as smoke indicative of a larger fire that remains hidden.  The longer you wait, the worse things can get in such a situation.  Most attorneys, including our law firm, offer free initial consultations for this type of work.  I suggest you contact someone knowledgeable about this area of the law as soon as you can.  Regardless, good luck going forward.  -Jay Mills... Read More

It sounds as if you have a number of issues, and it is difficult to answer them all without additional information.  It may make sense to speak with an attorney in or around the town where you live to discuss in greater detail.  There do appear to be a number of flags and causes for concern, based on what you say here, and I think a conversation with an attorney would be beneficial for you and your family.  At that point, you can decide if it makes sense to get the attorney more involved.  Good luck going forward.... Read More