Niece living with Aunt has POA, selling everything without discussing with family

[smittyinky]

What is the name of your state? Ohio

I got a call from my Dad today not knowing what to do, and neither do I. I have read through these forums and the advice on the main pages, but I still don't know.

Situation: My Dad's sister lives with their Aunt who is 93, still in relative good state of mind, but has been dominated by the niece since she moved in with the aunt 8 years ago, after her divorce. The aunt has always taken care of the niece and her children, and now all the children have grown and gone on their own. The niece has since gained Power of Attorney a few years ago as my Aunt's health has decreased.

Now a few weeks ago, the niece brought the aunt out to my Dad's home to see him and her sister(dad and sister's mom). The niece was complaining about how bad money was for her, and wanted to see if my dad would co-sign a car loan for her daughter, or just give her money, of which he said no to both. He doesn't have any to give.
Now, the Aunt's house is long since paid for, and the niece has no job, and live off of the Aunt's social security and savings.
My Dad found out yesterday from a cousin in the area that the Aunt's house and all the possessions are going to be auctioned off next week. The ad for the auction states the auctioneer's name, my aunts name and the niece as POA.
Is there any legal way of stopping the niece from selling all the aunt's belongings and most likely using that money for herself?

Smitty
smittyinky@gmail.com

 

[violas]

Yikes. Since the aunt still has a good mind the POA shouldn't be making her decisions. I would call Adult Protective Services and report this ASAP. Tell them it is an emergency situation since the auction is scheduled for next week. Good luck.

 

[ellencee]

What is the name of your state? Ohio

I got a call from my Dad today not knowing what to do, and neither do I. I have read through these forums and the advice on the main pages, but I still don't know.

Situation: My Dad's sister lives with their Aunt who is 93, still in relative good state of mind, but has been dominated by the niece since she moved in with the aunt 8 years ago, after her divorce. The aunt has always taken care of the niece and her children, and now all the children have grown and gone on their own. The niece has since gained Power of Attorney a few years ago as my Aunt's health has decreased.

Now a few weeks ago, the niece brought the aunt out to my Dad's home to see him and her sister(dad and sister's mom). The niece was complaining about how bad money was for her, and wanted to see if my dad would co-sign a car loan for her daughter, or just give her money, of which he said no to both. He doesn't have any to give.
Now, the Aunt's house is long since paid for, and the niece has no job, and live off of the Aunt's social security and savings.
My Dad found out yesterday from a cousin in the area that the Aunt's house and all the possessions are going to be auctioned off next week. The ad for the auction states the auctioneer's name, my aunts name and the niece as POA.
Is there any legal way of stopping the niece from selling all the aunt's belongings and most likely using that money for herself?

Smitty
smittyinky@gmail.com

Adult Protective Services will be too slow. Call an elder law attorney first thing Monday morning and have all of your facts together. Have a copy of the auction notice. (Most newspapers are available online.)

The elderly aunt and her neice (POA) must have a place to live after the auction. There has to be more to this story. It is possible this is being done with no malice but with responsible financial management of available resources. The elderly aunt is most fortunate that a loved one has cared for her, allowing her to remain in her home with her memories. The neice does not deserve anyone's criticism for using the aunt's income to provide for the both of them.

EC