My father lives in a locked memory care facility. He has Major Frontotemporal Neurocognitive Disorder. His medical records say he needs 24/7 supervision, needs to be in a locked facility, and cannot make decisions. My sister took my father out of the facility one day, and drove him to the courthouse. Sister filled out paperwork to revoke my POA, and told my father to sign it, which he did. Now, my sister has POA, and plans to move father out of the facility and into her home without 24 hour care. Do I have any recourse?
Get copies of the recorded revocation and the new POA; find an estate planning or elder law attorney, preferably one who's had experience in family conflicts and litigation. Get copies of the medical records (although you may already have them since you know that they affirm your father's lack of decision making capacity). Take all this so an attorney and ask him to prepare and record a nullification of the new POA and the revocation.
GeorgiaBoy6123, only your Dad can appoint a new Power of Attorney, and with his major memory issues that wouldn't be possible. You sister would have needed a new Power of Attorney document drawn up, which would have needed several witnesses and a Notary. I doubt anyone at the Courthouse would prepare such a document. Sorry, something just doesn't sound right here. I wonder if your sister was messing with you.
Have you seen your sister's POA paperwork? Are you certain she has POA? I ask because I have difficulty believing that revocation of POA is this easy. I'm not questioning you, I'm suspicious of your sister. Adult siblings fight over POA all the time and I've never heard of this happening before. If it's this easy to revoke POA I'm wondering why other disgruntled adult siblings don't try this.