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Author Topic: HELP ! I NEED AN ATTORNEY!!  (Read 1282 times)
alph
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Posts: 5513


Eau Claire, WI.


« on: July 10, 2010, 06:25:21 PM »

Alright, here’s the situation. 

I need an attorney in Chandler, Arizona that specializes in power of attorneys.  My father made my brother POA for his estate.  My father has since died.  My brother has sense put our mother into a nursing home, stole her van and about $50 grand of jewelry, not to mention anything else in the house.  He has hired an auctioneer to sell everything in the house, against the wishes of his other three brothers.  There are many personal items in the house that we do not want to see sold!! 

If anyone knows of an attorney in Chandler, Please email me!!

The worse part is, this all has to happen right before I leave for InZane!!!  I don’t know if I’ll be able to go with all this crap going on!
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therapist
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Posts: 654



« Reply #1 on: July 10, 2010, 06:29:59 PM »

I think you and your other two brothers need to visit him for a "family meeting" to clear the air and get all the facts. 
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alph
Member
*****
Posts: 5513


Eau Claire, WI.


« Reply #2 on: July 10, 2010, 06:31:45 PM »

I think you and your other two brothers need to visit him for a "family meeting" to clear the air and get all the facts. 

he lives in chandler, i live in wisconsin.  my other two brothers live in chicago.  they don't have money to fly down their, i do.
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R J
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Posts: 13380


DS-0009 ...... # 173

Des Moines, IA


« Reply #3 on: July 10, 2010, 07:18:48 PM »

With what you are saying, I'd come up with the $$$$ to fly your brothers down and back.

While you are there give the other brother the worst ass whompin he has ever had....

True feelings come out AFTER the party passes away.

Trust me, been there and have the firkin 'T' shirt and scars to go with it.

PS: Act on it now, do not let it fester.
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Oss
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Posts: 12587


The lower Hudson Valley

Ossining NY Chapter Rep VRCCDS0141


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« Reply #4 on: July 10, 2010, 07:55:13 PM »

a power of attorney POA dies with the person

Was your brother appointed by a Surrogate court as administrator or executor of your dad's estate?

Was your brother appointed by a Supreme or Surrogate Court as the Guardian of the person or property of your mother?

Is your mom on medicaid at this time?  How is the nursing home being paid? Is your brother using the money to pay the home?

Is your brother POA of your mother?  If so she must revoke the POA in writing before you can go to the police.   What are your other siblings in Arizona doing during all this time, the story seems to be missing
something.

Google elder law attorney and also the district attorney as they have divisions for elder fraud and theft
« Last Edit: July 10, 2010, 08:08:28 PM by Oss » Logged

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Wingman
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« Reply #5 on: July 11, 2010, 09:10:05 PM »

Thanks Oss for stepping in with actual legal advice (I know that's your business). I had a power of attorney for my mother when my father got sick and took care for her after he died. I am one of six children and it happened the way it happened because I'm the one that was there for my parents when they were in need. Since he died intestate, I had to do all of the leg work and see that she was cared for, then after she passed, I executed the estate to the best of my ability to do so, lacking specific instructions from my parents.

The point to this is that Oss is right, POA dies with the granter and unless your brother has POA for your mother, he has no influence over what is happening now. Another thing, if he does have a POA for her, it doesn't make her incompetent, she can (and is preferred) make her own decisions and overrule him (by revocation) if she feels he is not acting in her interest. I suggest you get very interested in her affairs and try to help wherever you can. It isn't the time to fight over "things", it is time to either help your mother if she needs it, or help your brother if he is actually trying to do the right thing for her. Get involved.
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