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What steps can I take in challenging my sisters right of Power of Attorney ove?

What steps can I take in challenging my sisters right of Power of Attorney ove?

Postby elton » Sat Dec 17, 2011 6:01 am

This is going to be pretty detailed but I have no choice but to seek the advice of strangers other then so called "family" who really seem not to care and I cannot really trust. As I said in the subject line 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 wonder if I have any legal ground to do so and if I can get Legal Aid.

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 almost 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.

The reason my father made my sister POA was under stress. My one sister pretty much cut ties with my father and he wouldn't trust her with that responsibility any how since she's all about herself. (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 and 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 2005 she accused my father, her father of sexual molestation of her children. A charge with no real evidence he was convicted of and sentenced to probation. She did this over a falling out with my mother (again nice "family I have") He 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.
elton
 
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What steps can I take in challenging my sisters right of Power of Attorney ove?

Postby hagaleah » Sat Dec 17, 2011 6:02 am

1 - google a lawyer in your area
#2 - phone the lawyer
hagaleah
 
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Joined: Thu Mar 31, 2011 8:04 pm
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