...been tasked to put my mother's affairs in order, due to her being bed-ridden & terminal; my father, also her ex-husband, came to live with her, a few months ago, to help her be comfortable, & to handle her affairs. In the midst of attempting to do this, he has been made my mom's Power of Attorney. Unfortunately, my father has repeatedly succumbed to alcoholism (...this has been going on for about 4 years), & in the midst of trying to help my mom, & trying to 'keep clean', he has failed oh-so miserably, & has made himself more of a hinderance, than an asset. At this time, although having become a few days 'straight', he is not mentally capable of handling my mom's affairs. He made made himself a most unreliable element, in this respect....
...in attempting to handle my mom's affairs, is there any way that I can possibly effect any resolution in my mom's affairs, & become her Power of Attorney, in my father's stead?
...getting real frustrated, that I cannot do anything!
2007-10-18 09:57:51 · 3 answers · asked by Fright Film Fan 7 in Business & Finance ➔ Personal Finance
First of all, I am not an attorney, so i can only tell you what I think, not what I know.
I think you can file a petition to have your father declared incompetent to handle your mother's affairs. Based on his illness and his general mental state, I suspect an attorney can pull together a case for that, but be ready for a fight,. It seems funny he moved back with your mom (I assume they are divorced?) when her money is needing managed. Is there any reason to believe he may be doing it for the monetary return he believes he can gain, Can he will her money to himself, and leave you out of the picture? It seems strange she would grant him POA when you are there.
Get yourself an attorney experienced n this area. It could be well worht it in the long run. Good luck.
2007-10-18 10:40:55 · answer #1 · answered by Anonymous · 1⤊ 0⤋
First of all I am sorry to hear what your going through. I am no lawyer, so I can only tell you what I think...Saying that I would say there has to be a way to petition your father because of his alcoholism. I know it will probably get ugly, but you have to do what is best for your Mom. I am sure being not in his right mind most of them time will, and can only help. I hope this helps you. I would definitely ask a lawyer, or a hire one.
2007-10-18 21:59:29 · answer #2 · answered by Geg 2 · 0⤊ 0⤋
I think you need legal advice. What you are saying is that you mother is not capable of managing her affairs that the person who has her power of attorney is also incapable.
2007-10-18 18:28:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋