Forged Power of Attorney

[algirl89]

What is the name of your state?North Carolina
My father has gotten alzhemirs disease. He has been placed in a nursing home and my step mother will not allow me to see him. I have found out that there has been a power of attorney form filed and it gives her right over everything but his personal relationships and affairs. The form was filled out without the aid of a lawyer. It also was done in March of last year but not filed until Febuary of this year. What can I do? My father and I had a strained relationship over the past 5 years but I love him very much and would like to see him. Noone has been visiting him at the home and he does not like it there. Also in 1993 there was a form drawn up by a lawyer and filed that my step-mother gave up all her rights to anything he owns or will ever own. Does the power of attorney over rule that? And how would I go about proving that he did not consent to this or that it was forged? I also believe that he was already sick at the time the power of attorney was signed.

 

[BlondiePB]

What is the name of your state?North Carolina
My father has gotten alzhemirs disease. He has been placed in a nursing home and my step mother will not allow me to see him. I have found out that there has been a power of attorney form filed and it gives her right over everything but his personal relationships and affairs. The form was filled out without the aid of a lawyer. It also was done in March of last year but not filed until Febuary of this year. What can I do? My father and I had a strained relationship over the past 5 years but I love him very much and would like to see him. Noone has been visiting him at the home and he does not like it there. Also in 1993 there was a form drawn up by a lawyer and filed that my step-mother gave up all her rights to anything he owns or will ever own. Does the power of attorney over rule that? And how would I go about proving that he did not consent to this or that it was forged? I also believe that he was already sick at the time the power of attorney was signed.

What proof do you have that the POA is a forgery? How long has your father been married to his current wife?

 

[Dandy Don]

Talk to an elder law/family law attorney to see if it would be wise for you to get guardianship/conservatorship over his affairs. A person with diminished capacity (such as Alzheimer's) is considered to not have enough mental competence to sign any type of agreements/contracts, so the POA she has is not legal and any transactions she does she will probably have to pay back if she didn't use the money for his personal care.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[algirl89]

Forged power of attorney

I don't really have any proof. Atleast not any legal proof. They have been married for 20 years but they have the aggreement where she gives up all her rights to anything he owns or will own, including bank accounts. Also he did not trust her, really he has told many people that he hated her. why he did not divorce her I can't answer that. My main concern is that she will not allow me to visit him and the power of attorney does not give her authority over his personal relationships and affairs. I don't care what she does with his money, she will have to answer for that. I want to be with my dad! He is in a pitiful state and is very unhappy and I want to see him. He should be able to be loved and cared for, for the rest of his days. Correct? He is my father, don't I have any legal rights? Please help me.

 

[BlondiePB]

I don't really have any proof. Atleast not any legal proof. They have been married for 20 years but they have the aggreement where she gives up all her rights to anything he owns or will own, including bank accounts. Also he did not trust her, really he has told many people that he hated her. why he did not divorce her I can't answer that. My main concern is that she will not allow me to visit him and the power of attorney does not give her authority over his personal relationships and affairs. I don't care what she does with his money, she will have to answer for that. I want to be with my dad! He is in a pitiful state and is very unhappy and I want to see him. He should be able to be loved and cared for, for the rest of his days. Correct? He is my father, don't I have any legal rights? Please help me.

Sorry, but there's TOO many things here that just do not add up. Why in the world would a spouse sign papers AFTER being married eight years giving up rights to the estate of the other spouse? And, just exactly how would YOU have a copy of such a document? How would you know how bank accounts are titled?

And, just because there is a DPOA over financial affairs that has been filed in the court, how do you know that there is NOT Advanced Health Care Directives with a POA over the person including a provision for guardian/conservator? This does not have to be filed with the court.

What have you done to alienate your father's wife of 20 years? The wife will have preference to being appointed your father's guardian/conservator.

 

[algirl89]

Why in the world would a spouse sign papers AFTER being married eight years giving up rights to the estate of the other spouse? And, just exactly how would YOU have a copy of such a document? How would you know how bank accounts are titled?

I have a copy of this document because it is public record. Bank accounts are in the aggreement. The aggreement was drawn up because thats what my father wanted.

And, just because there is a DPOA over financial affairs that has been filed in the court, how do you know that there is NOT Advanced Health Care Directives with a POA over the person including a provision for guardian/conservator? This does not have to be filed with the court.

I don't know that, thats why I'm asking for help. I did not know that there was more than one POA needed.

What have you done to alienate your father's wife of 20 years? The wife will have preference to being appointed your father's guardian/conservator.

This question is insulting considering the family history here. But there is no way you could have known that. I was a small child when he married this woman, just a little over 6 months after my mother passed away. She basically made my life a living hell, including pulling me to the side when I was 18 and telling me that I need to get out because this was her time with my father. He hated her and thats pretty much public knowledge also there is alot of money and property involved here. As I said before I don't care what she does with his money I just want to be able to have a relationship with my father the remainder of his time here.

Our relationship was strained because I blamed him for letting her treat me badly. I realize that I have lost the last good years that I had with my father and would like to a least be there with him now.

 

[BlondiePB]

I have a copy of this document because it is public record. Bank accounts are in the aggreement. The aggreement was drawn up because thats what my father wanted.

As long as your father is alive and there are joint accounts with his wife, it is her account(s) too.

I don't know that, thats why I'm asking for help. I did not know that there was more than one POA needed

These are typically two different documents. Your father's wife has no legal obligation to provide you with a copy of it.

This question is insulting considering the family history here. But there is no way you could have known that. I was a small child when he married this woman, just a little over 6 months after my mother passed away. She basically made my life a living hell, including pulling me to the side when I was 18 and telling me that I need to get out because this was her time with my father. He hated her and thats pretty much public knowledge also there is alot of money and property involved here.

Tough questions have to be asked in order to sort out things and provide proper directives. Regardless of how much anamosity there is between you and your father's wife, to be able to see your father, you're gonna have to bite your tongue and be nice to her. Just ignore any negative stuff she dishes out at you and don't comment back on her crap. Remember, you get more flies with honey than with vinegar.

As I said before I don't care what she does with his money I just want to be able to have a relationship with my father the remainder of his time here.

Sorry, someone that does not care about money makes no mention of it. Now, go spoon feed your father's wife some honey.

 

[algirl89]

As long as your father is alive and there are joint accounts with his wife, it is her account(s) too.

I didn't say anything about joint accounts did I. I know joint accounts are theirs together. Most of his stuff is in his name only.

Regardless of how much anamosity there is between you and your father's wife, to be able to see your father, you're gonna have to bite your tongue and be nice to her. Just ignore any negative stuff she dishes out at you and don't comment back on her crap. Remember, you get more flies with honey than with vinegar.

I haven't talked to her in years and don't plan too any time soon.

Sorry, someone that does not care about money makes no mention of it. Now, go spoon feed your father's wife some honey.

The only reason I mentioned the money was to give an idea of what we are dealing with. I don't think I will be spoon feeding anyone anything anytime soon. There is no way POA or not that she can continue to do this. I think I will just go get an attorney. Which will cost me a great deal of money but to see my father it will be worth it. Obviously I'm not the one concerned with money if I am willing to spend it. Sh*t like this is what is wrong with this world. Someone is unable to care for themsleves anymore and people take advange of the situation and then other people think you are the one out to get something when you only have the person who is hurt in mind. If I wanted anything other than to see my father I would just wait till he died. I'm in his will shes not! He told me about that before he got sick, thats how I know.

 

[BlondiePB]

As long as your father is alive and there are joint accounts with his wife, it is her account(s) too.

I didn't say anything about joint accounts did I. I know joint accounts are theirs together. Most of his stuff is in his name only.

Regardless of how much anamosity there is between you and your father's wife, to be able to see your father, you're gonna have to bite your tongue and be nice to her. Just ignore any negative stuff she dishes out at you and don't comment back on her crap. Remember, you get more flies with honey than with vinegar.

I haven't talked to her in years and don't plan too any time soon.

Sorry, someone that does not care about money makes no mention of it. Now, go spoon feed your father's wife some honey.

The only reason I mentioned the money was to give an idea of what we are dealing with. I don't think I will be spoon feeding anyone anything anytime soon. There is no way POA or not that she can continue to do this. I think I will just go get an attorney. Which will cost me a great deal of money but to see my father it will be worth it. Obviously I'm not the one concerned with money if I am willing to spend it. Sh*t like this is what is wrong with this world. Someone is unable to care for themsleves anymore and people take advange of the situation and then other people think you are the one out to get something when you only have the person who is hurt in mind. If I wanted anything other than to see my father I would just wait till he died. I'm in his will shes not! He told me about that before he got sick, thats how I know.

What you are not getting is what's MOST important here which is you wanting to see your father. His wife of 20 years has the say-so about this as you will find out at the attorney's office. Even if you have an attorney petition for guardian over your father, your father's wife will be appointed his guardian. This will ensure that you will never see your father again while he is alive.

Again, what's more important your pride or seeing your father?

 

[algirl89]

What you are not getting is what's MOST important here which is you wanting to see your father.

I think that I have made that point over and over again. Painfully clear.

His wife of 20 years has the say-so about this as you will find out at the attorney's office. Even if you have an attorney petition for guardian over your father, your father's wife will be appointed his guardian.

I'm not asking to be the guardian. I'm not sure that she would. I have spoken with HIS lawyer who was unaware of this and have retained my own lawyer.

 

[BlondiePB]

What you are not getting is what's MOST important here which is you wanting to see your father.

I think that I have made that point over and over again. Painfully clear.

His wife of 20 years has the say-so about this as you will find out at the attorney's office. Even if you have an attorney petition for guardian over your father, your father's wife will be appointed his guardian.

I'm not asking to be the guardian. I'm not sure that she would. I have spoken with HIS lawyer who was unaware of this and have retained my own lawyer.

You did all that in 26 minutes and was also here on the internet too? That's what I call efficient!

Good luck.

 

[algirl89]

The process was already started this morning before I got on the internet. Also I have DSL so it doesn't tie up my phone line and I have a friend who is a lawyer. I really appreciate your time. I wanted to see what you folks would make of the situation and get some more insight on the law. Its going to be tough but as I said before I love my dad very much and I will make sure by any means necessary that he lives the remainer of his life happy and comfortable.

 

[bryanjustin]

As long as your father is alive and there are joint accounts with his wife, it is her account(s) too.

I didn't say anything about joint accounts did I. I know joint accounts are theirs together. Most of his stuff is in his name only.

Regardless of how much anamosity there is between you and your father's wife, to be able to see your father, you're gonna have to bite your tongue and be nice to her. Just ignore any negative stuff she dishes out at you and don't comment back on her crap. Remember, you get more flies with honey than with vinegar.

I haven't talked to her in years and don't plan too any time soon.

Sorry, someone that does not care about money makes no mention of it. Now, go spoon feed your father's wife some honey.

The only reason I mentioned the money was to give an idea of what we are dealing with. I don't think I will be spoon feeding anyone anything anytime soon. There is no way POA or not that she can continue to do this. I think I will just go get an attorney. Which will cost me a great deal of money but to see my father it will be worth it. Obviously I'm not the one concerned with money if I am willing to spend it. Sh*t like this is what is wrong with this world. Someone is unable to care for themsleves anymore and people take advange of the situation and then other people think you are the one out to get something when you only have the person who is hurt in mind. If I wanted anything other than to see my father I would just wait till he died. I'm in his will shes not! He told me about that before he got sick, thats how I know.

algirl,
I know how you feel. Recently, my very wealthy grandfather was taken advantage of by a grandson, his son, and his granddaughter-in-law. The granddaughter-in-law seduced him and ended up with a brand new car, the grandson ended up with a car and a $140,000 house, and the son got most of the land, a $23,000 prepaid burial plan for himself and his wife, and also a car. They told lies about the rest of the family, talked my grandfather into cutting 3 grandchildren out of the will, and the son is currently sueing the grandson to get the house! My grandfather has passed away, and I am executor of his will--what a mess! When my grandfather was in the hopital, the son wouldn't let anyone in to see him, but my cousin and I went to see him anyway. A lawyer told me all they could do was ask me to leave, but if I didn't leave after that I could be arrested. Even though there was a sign on the door which said "No Visitors" not one nurse or doctor asked us to leave! That was because it was the son's request that my grandfather not have visitors- not a doctor's orders! Talk to your father's doctor and explain the situation. Try some other channels, (social workers, nurses at the home, etc.) There are ways to get around greedy relatives.