How To Challenge A Power of Attorney?

[flannagain]

I have no choice but to seek the advice of strangers other then so called "family" who really seem not to care and I do not trust. I wish to challenge my sisters right of Financial Power of Attorney over my father as she has failed to live up to the POA and also has abused the right of POA as she has pretty much turned his home into her house and I wonder if I have any legal ground to do so and if I can get Legal Aid cause I live in the same dwelling and would be f**ked if I where to leave.

Summary; stated in the POA papers that my father agreed to, my sister has the right to act in my fathers name when it comes to paying the utilities, accessing bank accounts and pretty much handling the day to day financial responsibilities of his household and vehicle while he is incarcerated (which I will get to).

My father was granted, as a death benefit of my mother who passed away December 31, 2010, $3,000 a month instead of a full payout of $520,000 being that he is beneficiary. Which BTW my mother has a 401K and another life insurance which we still haven't been able to get a year+ later but that is another story for another time.

My fathers car, a 2005 Dodge Caravan was repossessed when she failed to make payments as she agreed to do in the POA paper, she failed to make any effort to inform them of anything. Aforementioned utilities have been almost on a monthly basis paid late resulting in late fees or only paid when the service is close to being disconnected. I live in the house so this effects me. Cable, Phone, Internet and cell phone are luxuries that are not covered in the POA papers yet his money is being used for them. There is a lien on the property to since she was given POA. The 3,000 a month lasts her 2 weeks which I don't know how she goes through that much money in such a short time.

The reason my father made my sister POA was under stress he pretty much had no choice and feared he would lose the death benefits if he did not name a POA while incarcerated . My one sister pretty much cut ties with my father and he would no t't trust her with that responsibility from the get go since she's all about herself and in here 36 years of life never once lived without the support of another. (nice "family right) As for myself I was having legal problems of my own at the time and my father did not want to burden me with more then I could handle so this left my other sister the POA now. In a stressed, distraught, disillusioned state he made an irrational move.

There are past complications with the current POA. In 2004 my "sister" accused my father, her father of sexual molestation of her children and testified against him which led to him being put on probation and since he maintained his innocence when going to sexual offender programs he refused to admit and was jailed. She did this over a falling out with my mother (again nice "family I have") He again violated the terms of his probation weeks after his wife of 40+ years passed away because he refused to admit to the accusations. Anyone who knows my father or even having just meet him can speak highly of his character and know that it just is not in his nature to do awful things. If he did not make my sister the POA he feared the hard earned money my mother made in her 30+ years of working for the same company would be lost so he was left, again, in a disillusioned state and while incarcerated and facing 2 years state time left no choice but to name my sister Finical Power of Attorney. I believe I have grounds to challenge the POA but how do I go about doing so? Who can I contact, can I get legal aid. Can I have her removed due to the past legal accusations against my father. All situations, 2005 Dodge Caravan, utilities and such are documented. I need to protect my father and vindicate him as well as make sure I don't go homeless. Please ANY advice or help.

[tonibraxton]

ask an ATTORNEY.

this is not the type of question you want answered here.
this is something you take directly to an attorney.

most offer a first consultation for free.
speak to more than one.
and check with legal aid--themselves--to see if you qualify.

sounds as if your father was indeed under duress, and, it appears that your sister is abusing her power.

protect your father;s interest.

GO TALK TO AN ATTORNEY!!!

then speak to your father to see what HE wants.

[chavivi]

Stick to basics. I read about 3 sentences, others will skip it entirely.

Where do your rent payments go every month?

Your father, despite being incarcerated, can get another atty and change his POA. Since we only get your side of it there's no way to tell if maybe he picked your sister as the lesser of two evils. But he has options.

You can also hire an atty seeking to address this issue.

Or, you can suck it up, get a job, and go pay rent somewhere.

[blaeey]

Stick to basics. I read about 3 sentences, others will skip it entirely.

Where do your rent payments go every month?

Your father, despite being incarcerated, can get another atty and change his POA. Since we only get your side of it there's no way to tell if maybe he picked your sister as the lesser of two evils. But he has options.

You can also hire an atty seeking to address this issue.

Or, you can suck it up, get a job, and go pay rent somewhere.

There are two ways to change the Power of Attorney.

One is for your father to rescind it. You will have to talk to him about this. You will have to consult with an attorney for more legal advice, see if the county has free services available with pro bono lawyers.

The other is for a court to rescind it, and you will have to prove to the court that your sister is failing in her duties, which means you have to provide documentation that she is failing as you describe. Don't lose that documentation ! Make copies ! This is very time-consuming - you have to wait your turn for your day in court - and you are very worried that her failure to to follow her duties will result in grave losses to your father's properties. Injunctions are hard to get.

Vindicating your father will be difficult. You need the services of a lawyer. Reversing a court decision is not a simple matter as there are multiple layers of procedures to follow.

[weiford]

as the others' have said, you need to get your father or the court to rescind POA. get evidence of all the above mentioned, how your sister is abusing POA. make multiple copies of everything.