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durable power of attorney or attorney in fact

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smokemisst

Junior Member
What is the name of your state? Missouri
My first question is a power of attorney override a propery deed? The power of attorney starts off attorney in fact To start my mother was my grandmothers power of attorney and took care of her 24 hours aday. my grandmother died a month ago,and my mother died a month later. My grandmother put my aunt (my moms sister) and my mom's name on the deed to my grandmothers house. My aunt never
came to see my grandmother or did anything for her since my mother started taking care of my grandmother 24 hours aday. My second question can my father(my mothers spouse will he inherit my mothers part of the house and will the power of attorney hold up over the deed? My mother did share expences with my grandmother and lived with her in her house when they were living. My sister and myself and my daughter also helped take care of my grandmother. My third question:My grandmother had a usda loan on her house where she had her house repaired and myself and my father and sister are going to keep making the payments on the loan where she got the house fixed,the usda wants to put the loan in my fathers name since my mother is deceased,can we do this? My fourth question is my sister has a lawyer to be appointed administrator of my grandmothers estate for my father can she do this?We want the house to stay in the family and it is one of the oldest house in our neighborhood. My fifth and last question my aunt (my mom sister) starting taking care of my grandmother when she first got sick,she was feeding her precription and non-precription pain killer and laxitives and my grandmother would get diarrea and then she would give her anti-diarrea pills,which where lomotil(precription). She pushed my grandmother around because she got angry at her for having accidnets with diarrea. Can we get her for elder abuse since my grandmother is deceased? Is the statue of limatation ran out on this? Can we still report this,my daughter seen this and myself and my mother also seen this abuse going by my aunt that is why my mother started taking care of my grandmother 24 hours a day 7 days aweek. The burden fell on me,my mother,my sister and my father,we wanted to take care of her,she has never mistreated anyone in her life,she would always treat everything equal and with kindness. We need advise thank you
 


pojo2

Senior Member
Get an Atty and ask your myriad of questions where the person helping you will have ALL the facts instead of the little you present here.

Has probate started? Were the daughters the only names on the deed or was grandmothers still on it? Is the lawyer the administrator or working on behalf of an executor of the estate?

No one can help you much here see the Atty
 

nextwife

Senior Member
smokemisst said:
My first question is a power of attorney override a propery deed? The power of attorney starts off attorney in fact To start my mother was my grandmothers power of attorney and took care of her 24 hours aday. my grandmother died a month ago,and my mother died a month later. My grandmother put my aunt (my moms sister) and my mom's name on the deed to my grandmothers house. My aunt never
came to see my grandmother or did anything for her since my mother started taking care of my grandmother 24 hours aday. My second question can my father(my mothers spouse will he inherit my mothers part of the house and will the power of attorney hold up over the deed? My mother did share expences with my grandmother and lived with her in her house when they were living. My sister and myself and my daughter also helped take care of my grandmother. My third question:My grandmother had a usda loan on her house where she had her house repaired and myself and my father and sister are going to keep making the payments on the loan where she got the house fixed,the usda wants to put the loan in my fathers name since my mother is deceased,can we do this? My fourth question is my sister has a lawyer to be appointed administrator of my grandmothers estate for my father can she do this?We want the house to stay in the family and it is one of the oldest house in our neighborhood. My fifth and last question my aunt (my mom sister) starting taking care of my grandmother when she first got sick,she was feeding her precription and non-precription pain killer and laxitives and my grandmother would get diarrea and then she would give her anti-diarrea pills,which where lomotil(precription). She pushed my grandmother around because she got angry at her for having accidnets with diarrea. Can we get her for elder abuse since my grandmother is deceased? Is the statue of limatation ran out on this? Can we still report this,my daughter seen this and myself and my mother also seen this abuse going by my aunt that is why my mother started taking care of my grandmother 24 hours a day 7 days aweek. The burden fell on me,my mother,my sister and my father,we wanted to take care of her,she has never mistreated anyone in her life,she would always treat everything equal and with kindness. We need advise thank you

A POA does NOT make the Attorney in Fact the owner. If mom shared title in the property when she died, her share would pass based upon:

how title was held between them, and, depending upon that answer,

how mom's estate would be distributed (did mom have a will, did she die intestate).

AS to elder abuse, if nobody reported it at the time, it might be he said-she said, but certainly call social services and discuss the elder abuse concerns. It might have been a lot more helpful to Grandma if this was addressed WHILE SHE WAS ALIVE. As to the "bathroom" accidents, didn't anyone consider using Depends for Grandma, so she wouldn't have to worry or suffer the indignity of bathroom accidents?
 

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