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3pounds3 · Jul 1, 2012, 02:33 AM

My father is 80 yrs old and has owned his home since 1974. I moved out of stay a few yrs ago but kept in contact with my dad and he came to visit. Last yr he became very ill and his sister was there to collect his personal belongings, key, wallet, etc. during this time I tried anxiously to contact him but his friends and MY family had no clue where he was. Fast fowarding... I moved back to dc to FIND him and after3 long months I did but was unable to see him. His sister isolated him and would not let me see him (I petitioned the court for INT). He was admitted to the hosp again so I finally tracked him down and have visited with him every day and he is back to his old self and deemed competent. His sister took advantage of him in his confused/dementia state and had her name added to his financial accts, added her name to the deed to his home (he doesn't remember signing), will not return his keys to his home, his car (which she also claims he signed over to her) which her family is driving on his tags, insur, and registration. She has moved her son into my father's house and says she will not take her name off. Her POA will be REVOKED in exactly 2 days but how can we get back into my father's home? How do we get his car, wallet, checkbook, credit cards back from her/them? My father needs his home set up for him BEFORE he's released from the rehab. HELP and THANK YOU!

excon · Jul 1, 2012, 05:03 AM

Hello 3:

You're going to need a lawyer.

excon

Fr_Chuck · Jul 1, 2012, 05:31 AM

A lawyer and he may even need to press criminal charges.

Also merely being added does not mean he can not just go to the bank and take out all the money ( if there is any left) and open a new account.

If he is still on the deed, he just goes to his home, breaks in and he changes the locks ( it is his home) he may have to let the other person in for now, if he is on the deed also, but he can not be removed from a house he owns also.

joypulv · Jul 1, 2012, 05:38 AM

He can call the police to get back into his home, and if he's armed with the paperwork revoking his sister's POA, he should be able to demand most of his possessions back too, at least the ones that don't have signatures attached. Those will require a lawyer.
Basically HE has to do most of this, with your help.
Who was where when isn't so relevant, even if you were out of state when he needed hospitalization. What is more important in the 'she said she said' arguments is what the doctors said at the time each event happened.

ScottGem · Jul 1, 2012, 08:38 AM

Why are you waiting for 2 days to have the POA revoked? He can give you a POA taking effect immediately that revokes any previous ones.

This can allow you to move any money left in his accounts to another account. You can then go to his home and take possession, you can change the locks, but will probably have to give the current occupant a key. At the same time you do this, you hand them a vacate notice telling them to vacate within 30 days.

Do you have a copy of the POA your aunt was given? A POA allows a person to sign legal documents in the assignor's place. It does NOT allow them to take possession of the assignor's property. Once you have an active POA, you can then file criminal charges against your aunt.

It would be better if you have an attorney to help you.

3pounds3 · Jul 4, 2012, 10:27 PM

YOU ARE THE BEST! THANK YOU! I'm feeling more confident!

ScottGem · Jul 5, 2012, 03:16 AM

Glad to help, let us know how it works out.

AK lawyer · Jul 5, 2012, 06:40 AM

I agree with much of what the others have written. I would add a comment or two:

If she somehow "added her name to the deed", I assume that you mean she got him to sign a new deed conveying the property to her and himself together. How do you know this? If you have a copy of this new deed, it was probably notarized and, depending on the laws of your jurisdiction (you suggest it may be the District of Columbia, but I can't be sure), witnesses may be required. An attorney he retains may want to ask the notary and witnesses about the circumstances of this transaction.

Some of your post is unclear. You say that you "... petitioned the court for INT". What does "INT" mean? What did the court do? You also write that " he is back to his old self and deemed competent." Deemed by whom? Is this regained competence regarded as being permanent?

3pounds3 · Jul 7, 2012, 08:04 PM

YES, your response was definitely helpful. THANK YOU! Because it was obvious that the court appointed attorney would push for a court appointed guardian/conservator. I withdrew my petition (INT=intervention=guardianship/conservatorship) and his doctors deem him competent. My petition was mainly to get to see my father since his sister had isolated him from me; from everyone. Anyway, my father will revoke the poa and proceed with filing what ever charges against his sister who STILL will not give him his wallet, keys, etc. As for his deed, there are no witnesses but it was notarized.
Any suggestions on how I go about getting him a TRUSTED attorney. I really wish I could contact Lori A. Stiegel, J.D. I love her articles on elder poa abuse.
THANK YOU for the great advice!

ScottGem · Jul 8, 2012, 04:44 AM

Originally Posted by 3pounds3

. As for his deed, there are no witnesses but it was notarized.

Had to comment on this. The above is, in effect, an oxymoron. A notary is a professional witness. So you contact the notary to see if they can tell what happened.

AK lawyer · Jul 8, 2012, 05:01 AM

Originally Posted by ScottGem

... The above is, in effect, an oxymoron. ...

Not really. In some jurisdictions, some documents, such as deeds or wills, must be both notarized and witnessed. The witness(es) don't have to be notaries, but the notarization obviously has to be by one.

A notary does more than witness. He/she also administers an oath which is made (in theory) by the signer. I say "in theory" because more often than not (in my experience) an oath is recited in the document, but is not actually spoken.

ScottGem · Jul 8, 2012, 05:06 AM

You missed my point. The OP said the deed was not witnessed but notarized. Since a notary is a professional witness, then it was witnessed. Whether it was witnessed according to legal requirements is beside the point.

AK lawyer · Jul 8, 2012, 05:20 AM

Nitpicking.

The point is, the notary was responsible to see that the person who signed it actually was the person named. The notary may have kept records.

ScottGem · Jul 8, 2012, 05:23 AM

Originally Posted by ak lawyer

nitpicking..

Exactly!