My mother has a will in which she handed over the contents of everything she owns to one particular business. My mother is bipolar and she made this new will while off her meds. Thankfully my mother is better but pride and shame are keeping her from revoking or making a new will. She will grant me power of attorney in case she goes off her meds again, but is there anything that can be put in the power of attorney to dismiss, revoke, or cancel out her current will that was made while she was ill? I really don't want to get into a legal battle with said company over something they know was created while my mother was ill.
2007-12-02 23:57:32 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your best chance to resolve this is if she grants you a durable and unlimited POA to act in her best interest; and then transfer the assets that you are concerned might be moved incorrectly in the will into a trust in her name so that there is no apperance of inpropriety; and designate what happens to the trust upon her death and it's disolution.
Realistically; she needs to bite the bullet and fix the will to work in everyone's best interst. Draw up a simple codicil that revokes the bequest to the company and puts the assets in trust or passes them on the the people she really wants to have it. Painless and quick; all she'll have to do is sign the codicil and have it witnessed and notarized
2007-12-03 00:05:00 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
The "company" would not even be aware of the change if she justs writes a new will and gets it notarized. Fighting it after the fact is expensive and time consuming and still does not guarantee the outcome to be what is/was intended by your Mother.
2007-12-03 01:13:19 · answer #2 · answered by sensible_man 7 · 0⤊ 0⤋
There are 2 forms of Powers of lawyer(POA), popular and specific. popular has no regulations as to what it rather is used for. Giving a popular POA could be very risky because of the fact the different guy or woman can circulate and withdraw each and every of the money in his checking account. open credit enjoying cards in his call, purchase a sparkling vehicle with out him understanding approximately it until after the reality and then he remains accountable for all those purchases and/or fees. a undeniable POA is for particular issues and regularly has an expiration date besides. a undemanding one is for little ones and scientific judgements. case in point, your little ones are going to spend the summer season or any prolonged quantity of time or taking place holiday with the grandparents. you may provide the grandparents a undeniable POA to make scientific judgements, so if the little ones could circulate to the well being middle for any reason, the grandparents can sign so which you would be able to authorize the medical doctors to handle your little ones. the guy giving a POA is authorizing the guy pointed out in the criminal rfile to leagally sign his/her call. What meaning is sure issues, the spouse can sign for the servicemember. case in point, submitting a declare for damages to enjoyed ones products for the period of a desktops circulate. in ordinary terms a servicemember can record a declare. The spouse, with a popular POA, can sign for the servicemember and therbey flile the declare for the servicemember.
2016-10-10 03:31:10 · answer #3 · answered by ? 4 · 0⤊ 0⤋
No, a power of attorney does not override a will. Only a new will, or the court declaring your mother incompetent will override the will.
2007-12-03 00:01:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
With this will being made while she was off her medication, you can fight the will using this information. A will written when the subject is not of his or her "sound mind and body" is null and void.
2007-12-03 00:04:04 · answer #5 · answered by butterfly02012001 2 · 0⤊ 0⤋