QUESTION
What protection can I get from known gambling power of attorney for elderly relative?
Asked on Feb 05th, 2013 on Estate Planning - Michigan
More details to this question:
Gambling power of attorney has a history of both good behavior and of threatening behavior. I am concerned the person will put a lien or mortgage out the relative's home, possibly sell items without consent or manipulate the relative into signing something that will leave relative living somewhere the relative doesn't want.
8 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Revoke the power of attorney in writing and send to the person who holds the power by certified mail return receipt requested; do not back down and make the power effect the day you write the revocation. Don't delay, or harm could come to the person who granted the power of attorney to the gambling person.
Answered on Feb 07th, 2013 at 9:28 PM
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Voice your concerns to the elderly relative. If the relative is competent he or she can make a change.
Answered on Feb 07th, 2013 at 8:07 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is not clear what your relationship is to the person with the POA. If it is you, then your best protection is in naming someone else. Someone with a gambling addiction is not an appropriate candidate for agent under a POA, in my opinion. If this is not you, then it is not your choice to make. You can monitor the situation, to the extent that you can. But if the principal loses mental capacity, he or she will be at the mercy of the person he/she selected. Guardianship/conservatorship would be the only alternatives, and that involves probate court.
Answered on Feb 07th, 2013 at 2:12 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can ask the court to appoint a guardian and a conservator for your elderly relative. The conservator can then ask the court to terminate the power of attorney. You will probably need to establish that your elderly relative is at risk.
Answered on Feb 07th, 2013 at 2:11 PM
Elder abuse and financial exploitation of the elderly is taken very seriously in Colorado. There are several courses of action to consider. First, you should consult with with the Colorado Attorney General's website which has a section on protecting elder persons from financial abuse. Second, consider contacting the local police or District Attorney's office and asking for someone who handles cases of elder abuse. Third, consider filing a Petition with the Court to stop the abuse and cancel the authority of the agent in the Power of Attorney. Bernie
Answered on Feb 07th, 2013 at 2:10 PM
You should probably get yourself or another responsible person appointed as the guardian of the elderly person.
Answered on Feb 07th, 2013 at 2:10 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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You could Petition the Probate Court to have the Power of Attorney removed if you can prove that he/she is not suitable for the position.
Answered on Feb 07th, 2013 at 2:10 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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If the person holding the power of attorney is not acting in the best interest of the principal, the person giving the power of attorney, you can go to court demand an accounting and if necessary have a conservator appointed to manage the affairs of that person.
Answered on Feb 07th, 2013 at 2:09 PM