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Elder law

I have a big problem regarding my Uncle who is 86 years old, has dementia and has been living alone for a few years now. He has a second wife he married when my aunt died (she is 68 years old) who is from Poland. As soon as she received her citizenship, she left my Uncle and went back to Poland and comes to Florida twice a year to see him for approximately 3-4 weeks each time. They are now joint owners in the condominium that he purchased years ago with my Aunt also. I live in CA and keep in constant touch with my Uncle, and was recently informed by the Condominium Office that he was INFESTED with bedbugs and they were forced to go in and completely empty out his condo of its furniture and all clothing, towels, sheets, draperies, etc. because it was that bad, and have put him up in a hotel for the next three days until his condo is ready. A couple of the other condos had a few but nothing like my Uncle had and it was determined that they had traveled from my Uncle's condo to the other condos. It was also determined that they got there when his "wife" came for one of her two visits in December and have been breeding all these months until it got to this horrible condition that my Uncle finally noticed something was wrong. If he weren't in the condition he was in mentally, he would have realized he had a problem almost immediately. I was also informed that his condo was really dirty (I had cleaners come in and scrub it from top to bottom), and that he is no longer able to be alone; that he needs constant care. What can I do to protect and help him legally? My brother and I are so very worried about him and want to bring him to California with us and find a nice assisted living close to us for him to live in, but how can we go about this legally and financially when his "wife" is part owner of the condo even though she has basically abandoned him?
Asked in FL May 19, 2022
Tag: 

# 2,069

Should my 82 year old uncle have his two nieces and one nephew (me) listed as Durable Power of Attorney's as a lawyer recommends, despite my uncles statement that he wanted his nephew listed as DPOA, saying "one is enough" (statement not personally heard by the lawyer, but the message was delivered by the nephew)?

Background history:

Nephew has been taking part time care of uncle - including finances, delivering food, picking up house, etc. for last two years.

Uncle has total trust in nephew. Nephew has been trustworthy.

Two nieces & two nephews (one nephew out of state) listed in will as equal shares.

Uncle has stated he wanted leave care giving nephew disproportionate share of estate, nephew convinced uncle not to change will & to leave well enough alone"

Since 2001, by uncles choice and for reasons known to him, he wanted the nieces to "stay out of his life".

This last month nieces have re-entered his life (& so far he is ok with it) ever since he entered hospital and nursing home on April 3, 2013.

Lawyer was recommended by the most estranged niece, who in past has asked uncle for financial help.

Uncle has somewhat substantial estate.

When Lawyer's office was notified that uncle just wanted nephew as DPOA, the nephew was told, "the Lawyer would be mad to hear that and when the Lawyer meets with Uncle , the Lawyer will try to convince uncle to have the two local nieces and local nephew as DPOA's.

I want what is best for uncle and am concerned that Lawyer may be influenced by niece(s), or Lawyer does not one person to have attorney privileges.

Is this common practice to have multiple DPOA's, and to try & convince a client to change his mind?

Asked in MA May 19, 2022
Tag: 

# 2,077
# 2,079

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