[Tom Cat]

My father gave his wife's niece (my stepmother's niece) power of attorney several years ago to handle financial affairs. I believe he did not understand what he was doing at the time. Days before my stepmother died, her niece signed the house into sole ownership for my stepmother and then my stepmother signed a will in which she inherited the house and everything in it. Before the funeral was even held she left my father in the hospital and would not have him released. He was put into a special program for dementia. She now claims that everything is hers and wants my father to go on title 19. What are my father's rights? Can he get a different POA or conservator? Can he be disinherited? What are my rights as my father's heir if the niece takes everything?

[ScottGem]

You need to get an attorney immediately. Having a POA is not a license to steal. If your father is not able to make decisions for himself, he can't rescind the POA. He also can't reverse the transfer of the house. BUT if it can be shown that the stepdaughter acted in her own interests and not your father's then the POA can be cancelled and a court will appoint a conservator.

In my opinion, the stepdaughter made a big mistake but getting greedy. By taking everything and leaving you out in the cold she may have overstepped the bounds of reasonableness. And a court will probably look at her actions that way.

Also many states have elder protection laws for just such things. So tomorrow, you should be contacting elder care attorneys who can help you with this.

[Tom Cat]

Thank you. I will call my lawyer tomorrow and get back to you.

[ScottGem]

Please do keep us posted.

[ebaines]

One other thing to keep in mind - your step mom can't have just cut your dad out of her will entirely - so if the niece made the mistake of trying to do that he will you have additional grounds to contest the will.

[JudyKayTee]

You cannot totally disinherit a spouse. What are the estate's assets (pension, info of that sort)?