Question about removal of POA

[Ummonx]

What is the name of your state?NY
This is regarding a ongoing case I have asked questions about before. My mother in law has POA over her two somewhat mentally disabled uncles. One of the family members is sueing for various reasons (to long to go into).

My question are the following

1) is it possible for them to have my mother in law removed as POA?
2) What would they have to prove?

The uncles have no degenerative disease, (they were born this way). They worked, have a pension, drive, live on thier own, own property and take care of it and signed thier own wills under the presence of an attorney. To hazard a guess I would say thier IQ is probably mid 80's possibly higher. IMO I would guess they could manage thier own affairs in a bind (or perhaps with some basic help). IMO I think they simply dont want to be bothered with it.

3) I am hazarding a guess that they would have to prove that the uncles were incompetent in some way to remove POA from my mother in law. From the informaton I have given, And I know my opinion means squat (but I tried to be somewhat objective). How hard would it be to prove incompetence?

Thanks

 

[rmet4nzkx]

Persons with diminished capicity, elderly, developmental disabilities etc are protected under Adult Protective Services.

Everyone is presumed to be competent until proved otherwise.

Anyone can have a POA competent or not and can change it at will if competent.

However, you do not necessarly have to prove a person is incompetent to get the protection under the law that protects from, undue influence, abuse and exploitation.

It is better to resolve issues before someone excerts undue influence and to plan ahead for a time when they can no longer competnetly direct their care while they are still competent and to have some nuteral intervention.

Here is the link the the New York State site for APS which will answer most of your questions and an 800# to call for reports, you may still have to use an attorney to manage some of the paperwork but at least you can establish the potential for exploitation and also be connected with resources for future care and available services. For the phone number of your county adult services office, call: 1-800-342-3009 (Press Option 6)

Welcome - Protective Services for Adults - New York State Office
Homepage, Welcome and information about adult abuse from Protective Services for Adults, New York State Office of Children and Family Services. ...
http://www.ocfs.state.ny.us/main/psa/

 

[ellencee]

Ummonx
The uncles in this story are not going to be found to be incompetent based on IQs of (approximately) 80. Are you aware that persons with IQs in this range make up the greater portions of the workforce that perform monotonous jobs such as long distance truck driving or hitting the (same) nails on the head in automobile manufacturing assembly lines? These workers are competent enough to be driving double rigs at 80 miles an hour through this country, 24/7, and building the automobiles that each of drives. Scary, isn't it?

If you want to remove this POA, then focus on what she is doing that is against the will and intent of the uncles and not on the uncles. Focus on your motives, too. Is it to make sure your side of the family inherits as much as the other side has already spent or received as a benefit? If so, you are no more protecting the uncles than is the POA.

Make an appointment with an elder care attorney and discuss your concerns with the attorney. That's the only way you are going to gain an understanding of what, if anything, can be done or should be done.

EC

 

[Ummonx]

Thank you for your responses.

The issue wasn't with my mother in law. The uncles asked her to take POA from thier brothers wife. Once she started looking into the books its become apparent that they embezzled quite of bit of money and thier son has been living rent free in a home they own.

The issue now is that the thier brothers wife and her son are launching a lawsuit against the uncles and my mother in law. Most of the arguments I have heard so far are have no basis in law that I can tell, however I have yet to see the complaint.

I am expecting them to challenge the POA. as for the inheritance, quite honestly I have no expectation nor right to anything nor for that matter want anything. The uncles are nice men, I simply dont want to see them taken advantage of. (As does the mother in law).