QUESTION

Will has been change by POA what can we do

Asked on Mar 01st, 2021 on Estate Planning - Georgia
More details to this question:
Mother has a Will and two sisters sold some things in the Will and mother still living with dementia and one sister and brother in law used her mother to hind money and assets
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3 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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Wills cannot be changed legally using a power of attorney. You cannot challenge that until the person dies and the will is offered for probate.   As for the property disappearing, you can file for a guardianship over the person and have the power of attorney declared invalid.  You should discuss this with a lawyer specializing in guardianship law.
Answered on Mar 13th, 2021 at 6:04 AM

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Wills Attorney serving Alpharetta, GA
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If I understand your post correctly, you are claiming that your mother, who is still alive, gave power of attorney to one of your sisters and that sister sold assets that were supposed to have been distributed to certain people under your mother's Will. If I'm understanding that correctly, then your statement that the power of attorney agent changed your mother's Will appears to be incorrect. Selling an asset that is the subject of a bequest in a living person's Will may be perfectly appropriate if the funds are needed for the person's care during her lifetime, and should not normally be viewed as a change in the person's Will. However, other aspects of your post appear to allege that your sisters are stealing from your mother. If that is the case, you may want to consult an elder law attorney who works with guardianship and conservatorship, especially contested ones. The attorney may be able to help you determine if your mother is being subjected to financial abuse, and if so, what options to protect her you may have.
Answered on Mar 02nd, 2021 at 5:40 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Wills Attorney serving Austin, TX
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Only your mother or, under court instructions, a guardian can change her Will.  However, agents under a POA frequently must sell things mentioned in the Will in order to pay for someone's care.  That is not hanging the Will.  However, if you have evidence tending to prove that assets were taken and hidden, please discuss this with a local probate attorney.
Answered on Mar 02nd, 2021 at 5:14 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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