My distant sister whom has only recently showed up when my father was moved into a nursing home along with my mother. Both have dementia mom worse than my dad. My sister recently came into the picture since she blocked my phone so I was unable to contact her to let her know of my fathers fall and hospitalization and move to nursing home. I could not tell her of existing will yet she was aware of my POA. Now she wanted POA to be able to talk to drs which I was totally fine with yet I find out 3 months later she had gotten a lawyer for my father (whom already had one - a close family friend) coerced my father into signing ANOTHER WILL and making her POA also yet she only wanted to be able to speak to drs which I could have made happen if she would have bit her pride and asked me. so now I'm trying to make changes back to original will (she has added her son etc to the will which is not what my father wanted) I made changes but now I'm fighting with her lawyer she hired. Do I have ANY RECOURSE since she went behind my back and I didn't find out any changes nor I would have never gotten a new POA if I had not have run into her at the house. Please I need help I am run down and overwhelmed I've been taking care of my parents ALL by myself all these years and now I she walks in and created so much stress for me I haven't had a vacation in 4 years while she has wandered the country with her rich boyfriend only stopping through to see parents on her way to Hawaii or other places I'm soo done shes no longer a sister to me but I need advice. Can I have any recourse of what she did?? I still have control of guardianship of my mother I guess shes to lazy to stay long enough to go to court..... to fight that. Please help I'm at my wits end and cant live my own life (work home and my large involvement with animal rescue) without stress.
I had POA and Healthcare Proxy for my dad. My parents were divorced for over 20 years, so my mom was not involved. I also am Executator of his estate.
My brother, the eldest, is an attorney and had helped my dad on a number of things through the years and was obviously quite angry I was my father's POA and Proxy. He talked my other brother and 3 sisters into sueing me for POA unless I relinquised it. They got a long letter why they could not have the POA and why sueing me would never work. I objected to their holding the POA because over 3 years prematurely, they wanted to sell my father's house from under him and either stick him in a nursing facility or have him rent an apartment. Neither of them were viable since he was not physically or mentally yet eligible for a nursing home yet, he did not want to go into one, and no apartments generally rent to new senior citizens at the age of 86, who live alone. It is too much of a risk. So I said no you cannot and may not do that and no you cannot have POA to do it either.
Just the same, they had my dad execute a new POA and healthcare Proxy. They are required by law to provide it to me as former POA. They did not. They just told me he executed a new one and I was no longer POA. Well, I downloaded right off the computer, and added that text to a letter I drafted for my father which immediately revoked their POA and Proxy and included all the reasons why my father objected to their POA. This letter then must be signed by your dad in front of a notary and submitted to your sibling via certified mail to their home mailing address. You must then have your dad execute the new POA and Proxy for your dad and have it notarized. You then must send a copy of it to you sister. You then must explain to your dad and mom why they should not execute anything else with your sister.
You can then send your sister a separate letter indicating that her POA is immediately revoked and her POA would never hold up in a court of law because: you were the original and longest sanding POA, as assigned by your dad. Further, have an attorney set up the new POA and Proxy for you, so that it is legally executed and then you have witness to what your sibling did. If you cannot find an attorney to do this for you, you can download forms from online and do it yourself.
Very simple.......override her POA, Proxy, and your parent's Will. Your POA will stand up in a court of law.
PS. I too have not had a vacation day for over 4 years!
Hope that helps.
Anyhow - It is illegal under any circumstances for anyone but the person who made the will to alter or change it in any way - this includes POA and DPOA. It is the single thing that is illegal for a POA to do. This holds true in all 50 states. Other powers - even changing insurance beneficiaries can be granted if they are specifically spelled out and granted in the POA document signed by the principal.