QUESTION
What are my rights against a sister who got my father's power of attorney without my permission?
Asked on Nov 22nd, 2013 on Family Law - New York
More details to this question:
My sister went behind my back and got power of attorney with my father while he had a head injury about 6 years ago. She is taking care of him at her house. I have never got a copy of the power of attorney and was wondering if she has the right to not give me a copy. Also I think she is spending all his money on her and her children. She has her daughter living in his house without my permission. Do I have any rights and what can I do.
4 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Go to Probate Court in the county where your Dad lives. Petition for the appointment of a conservator of your father's estate.
Answered on Nov 25th, 2013 at 1:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First, she did not need your permission to get the power of attorney. However, if your father did not have the capacity to give a power of attorney, the POA is invalid. Your best bet is to hire an attorney where your father is located and petition the court to become his guardian and conservator. That way, you will have the authority to see what she was doing with his assets.
Answered on Nov 25th, 2013 at 1:08 PM
Bruce Provda
There is no reason in the facts given that she would need your permission for any of this.
Answered on Nov 25th, 2013 at 1:07 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You don't have to be informed of a pos; however, of she is misusing assets you can contact corporation counsel to see if they will look into it or get an atty to file for guardianship.
Answered on Nov 25th, 2013 at 1:07 PM