I have had POA over my son's finances since he sustained severe brain damage in Vietnam. His daughter, (who has had no relationship with him) went out and got a new POA making mine void. She has since taken all his money and put it in her own bank account. He has dementia and can't remember signing any papers. How can this happen? What can I do?
If you have a valid power of attorney, only the person who nominated you for this purpose is legally allowed to revoke it. If your son has brain damage and is not legally competent, he would not be able to revoke your current power of attorney papers and or have been competent to have done a new power of attorney to appoint his daughter. It sounds like his daughter has arguably taken advantage of the situation and may have wrongfully taken his money and assets. You should carefully review your current power of attorney papers to see if you have rights under the document to conduct legal matters for your son, including the commencement of a lawsuit in your son's behalf. I would suggest that you consult as soon as possible with an experienced estate lawyer to determine what rights you may have against your grandchild, who presumably is an adult.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.