Dementia & Power of Attny
Two siblings are battling over what should be done with the parents house. The sister lives in the house and refuses to pay any of the taxes or insurance, feels the brother s/pay 1/2 even though he does not live there. The mom is in a nursing home due to alhzeimers/demenia. Bro has POA for mom. Bro got notice that sis had mom chg POA over to her, but mom is not in her right mind to understand what a POA is even about, is this legal for her to do this? We suspect that the sis tricked the mom into chgng the POA since the mom is not compentent which is why the bro had POA to begin with. The sis is fighting and trying to get the bro to pay for taxes so she can live for free in the house. They are co-owners, but mom has a life estate. Bro would like the sis to pay rent in the amount of taxes and ins. We suspect the sis is trying to do something to take over the house and remove the bro...can this happen?
Re: Dementia & Power of Attorney
A power of attorney document must be executed by a person who is possessed of all their faculties and understands what they are granting. It is possible to have MORE TAN ONE PERSON AS POA... unless one is specifically revoked, it is still in full force and effect, so I conjecture that brother's POA is still valid.
The best solution is to have a Guardian Appointed for both the mother's PERSON and ESTATE (her physical self and her finances). Our office can assist with that court process. The Guardian has final say and the court determination will trump any subsequent grants of POA. As it stands, "sis" may be a tenant in "mom's" house, but is still required to pay market value RENT and can be evicted by the Guardian of the Estate.
