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hizzy · Jan 9, 2012, 03:05 PM

My father had a stroke a week ago and I have been living with him and taking care of him for the last 14 yrs. Since my mom passed away. I have a sister who decided not to have anything to do with him and walked away years ago. After all these years and without any help from her, I took a three week month trip for a much-needed break and meanwhile, my poor dad had a stroke. Within the few days it took me to get home, my sister had already gotten power of attorney over my fathers affairs without my knowledge. Should I have been aware since I have taken care of him for years, and can she all of a sudden pop up and do this behind my back?

ballengerb1 · Jan 9, 2012, 03:09 PM

You would be best to contact a lawyer who specializes in estate issues and POA. You can contest this POA if you can show he was not of sound mind, however we don't know that is the case, is it? What does dad say about this?

Fr_Chuck · Jan 9, 2012, 03:12 PM

No, there is no legal requirement for you to be notified,

A POA just allows her to sign for her father if he is not able to, He would be allowed to have two or even more POA if he wanted to.

Your dad if he is of sound mind can revoke the POA anytime he wants to .

ScottGem · Jan 9, 2012, 04:32 PM

Its possible that, since you were away, someone needed to take over his affairs so that's why she got a POA.

So if dad is able to, have him revoke the POA. If dad did not give the POA or wasn't capable of signing at the time, the POA is void anyway, but you would have to go to court to prove it.

hizzy · Jan 10, 2012, 07:47 PM

There's a stepfather, three step daughters and a biological daughter of his. One of the step dauters persuaded the stepfather into giving her power of attorney. Can his biological daughter over power this decision?

hizzy · Jan 10, 2012, 07:59 PM

Is an x considered a signature from a stroke victim when he/she is incapabe of sighing their own name?

ScottGem · Jan 10, 2012, 08:05 PM

Depends. If witnesses will testify that he had possession of mental faculties it could be.

Fr_Chuck · Jan 10, 2012, 08:28 PM

It can be, I have used it or just a "check mark" or a wiggly line. If they understand what is happening, it can work. You would then have someone not related to the reason for the signing, to witness the person making their mark.

hizzy · Jan 11, 2012, 10:30 AM

There'a a step-father and three step-sisters, and the step-father has a biological daughter. One of the step-sisters persuaded the stepfather immediately after having a stroke to be his power of attorney. My question is, can the his biological daughter override the step-daughters decision?

JudyKayTee · Jan 11, 2012, 10:59 AM

No - the father's wishes in his Power of Attorney "rule" UNLESS you can prove undue influence, mental incapacity, some other problem which would have prevented him from signing a legal document.

I assume you are the biological daughter?

EDIT: I note you have asked the same question in one form or another three or four times (https://www.askmehelpdesk.com/senior...ey-626346.html).

The advice will not change unless/until you post some information which changes the circumstances of the signing. As things stand I don't see a legal reason for getting the P/A set aside.

JudyKayTee · Jan 11, 2012, 11:05 AM

If you would post ALL of your questions and ALL of the circumstances in the same thread you would get one definitive answer.

I see no grounds to set the P/A aside unless/until you post something that corrects or changes what you have already posted.

Is there something else "we" should know?

And, yes, an incapacitated person CAN sign using an "x" but a witness would be required. You have said it was signed in a hospital following a stroke. Who prepared the P/A? Hospital personnel?

Curlyben · Jan 11, 2012, 11:07 AM

>Multiple Threads Merged<

hizzy · Jan 11, 2012, 01:46 PM

Nope. No relation at all. Just asking questions for the family but thank you anyway.