My grandfather passed away two years and left my uncle as POA for his will. His wife (my grandmother) is still alive. My mother lives with her and cares for her.
My mother’s home is owned by my grandfather, now my grandmother but she has lived in it for 25 years. My uncle (POA) threatens my mother constantly and holds the POA over her head to get her to do what he wants. He threatens to change her locks if she tries to leave my grandmother for the weekend.
Do we have grounds to contest the POA? He is abusing his power and I believe she should be paid for the care she provides my grandmother.
Do you happen to know what happens to the house under the terms in the grandparents' wills?
The thing is, your uncle isn't abusing his POA so much, he's abusing your mother. His duty is to act in your grandmother's best interests, and as she has dementia then he has to manage her money efficiently and properly and ensure that her care needs are met. He has no duty at all to treat your mother sympathetically.
Do the two of them agree on what your grandmother's care needs are?
Is there any dispute about what will become of your grandparents' property in due course?
Does or did your mother have a life outside her parents' home?
My Uncle is holding the house over her head bc she doesn’t own it; however it is being left to her in the Will. If she attempts to leave my grandmother for a weekend, he threatens to change the locks. This to me seems like abuse of the POA.
She need a break. Can you take her on a short vacation? POA Uncle is responsible for grandma's care.
Finding out what this all costs at private pay rates might be just the wake up call he needs.
I think she just has to stand up to him and yes, showing him the costs is a good idea.
Thank you!
Did Grandmom assign Uncle as POA? Grandpa cannot give POA to anyone for someone else in a will.
I would ask to see a POA where Mom assigned Uncle. It should have been drawn up by a lawyer, witnessed and notarized. If you can find the lawyer who drew it up you could take it up with him.
Sounds like it is very important to consult an attorney to straighten things out.