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Hi, my brother has power of enduring attorney over the property of our parents, which is substantial, nevertheless since my father got sick with dementia he moved 500km away from our parents. Now I am the one who lives next to my parents and takes care of them while they are in their fragile age and need constant care. Does this qualifies as abuse of power of attorney because surely my father would'v not given him the power of attorney if he would'v known that he will abandon him. My father, as mentioned before surfers from dementia and is not in a state of mind to make any decision or to realize what is going on.
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You father does not likely have capacity to name a new power of attorney at this point. But you would likely qualify to be appointed guardian for him which would trump the POA your brother has. You should consult with an experienced attorney regarding this possibility. Let me know if I can help.
Answered on May 24th, 2014 at 11:24 AM