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perseotee123 · Jan 25, 2009, 11:47 AM

My father had a stoke, and my 2 brothers sold everything his house his belongings and placed him in an retirement home. One brother became power of attorney the other has always been the executive of the will. My father was a very wealthy man, and had his will set up to were all of his 4 children would receive equal shares. Do my brothers have the power to change any of this? Also I had to get in touch with the State of Florida because the first home they placed in him was not caring for him, he took several falls while in there. I am and have not been on good terms with these 2 brothers, so asking any questions would not get me any answers. It is very hard for me to keep track of things because I live on the west coast. Any help would be greatly appreciated. Also I didn't find out all this about my father for almost six months, I couldn't find him .

JudyKayTee · Jan 25, 2009, 11:51 AM

Originally Posted by perseotee123

My father had a stoke, and my 2 brothers sold everything his house his belongings and placed him in an retirement home. One brother became power of attorney the other has always been the executive of the will. My father was a very wealthy man, and had his will set up to were all of his 4 children would receive equal shares. do my brothers have the power to change any of this? Also I had to get in touch with the State of Florida because the first home they placed in him was not caring for him, he took several falls while in there. I am and have not been on good terms with these 2 brothers, so asking any questions would not get me any answers. It is very hard for me to keep track of things because I live on the west coast. Any help would be greatly appreciated. Also I didn't find out all this about my father for almost six months, I couldn't find him .

Only your father who signed the P/A can change the P/A. If he were to write a new Will an Attorney would have to interview him and declare him competent and the witnesses would also have to attest to his competency and understanding of the terms of the new Will.

The fact that he had a stroke does not render him legally incapable or incompetent.

Are you attempting to move him to another home?

Have you posted before? This same situation has been posted in the past.

perseotee123 · Jan 25, 2009, 12:24 PM

Originally Posted by JudyKayTee

Only your father who signed the P/A can change the P/A. If he were to write a new Will an Attorney would have to interview him and declare him competent and the witnesses would also have to attest to his competency and understanding of the terms of the new Will.

The fact that he had a stroke does not render him legally incapable or incompetent.

Are you attempting to move him to another home?

Have you posted before? This exact same situation has been posted in the past.

No this is my first time using this help desk. My father since his stoke has memory loss, and they declared him incompetent to handle his affairs. I already had him moved to another home with the help of Elder abuse State Of Florida. My brothers had to go along with it, because they didn't want anyone looking into them. This place he is in now costs more but is much better at caring for his needs. The other place was the bottom of the barrel care center, and didn't cost as much, which my 2 brothers are very concerned with.

JudyKayTee · Jan 25, 2009, 01:20 PM

Originally Posted by perseotee123

No this is my first time using this help desk. My father since his stoke has memory loss, and they declared him incompetent to handle his affairs. I already had him moved to another home with the help of Elder abuse State Of Florida. My brothers had to go along with it, because they didn't want anyone looking into them. This place he is in now costs more but is much better at caring for his needs. The other place was the bottom of the barrel care center, and didn't cost as much, which my 2 brothers are very concerned with.

If he's been declared incompetent, then he can't change his Will. The Power of Attorney, still stands and it appears he is unable to change it.

You COULD bring a Court action, though, to get it changed if you can prove misuse.

cdad · Jan 25, 2009, 01:20 PM

How was the POA acquired in the first place ? Was there a document that your father signed or was it court awarded due to incapacity ?

perseotee123 · Jan 26, 2009, 02:48 AM

Originally Posted by califdadof3

How was the POA aquired in the first place ? Was there a document that your father signed or was it court awarded due to incapacity ?

I am not sure, because my brothers are not forth coming with any info. I know after my fathers stoke he was in the hospital for a long time, and need a lot of medical attention. I know my brother went to a lawyer to get the POD. My father would need around the clock looking after if he stayed in his home, he will wonder off and would have cost a lot of money, so my brothers went the less costly way and had him placed in a assisted living home. As I said my father was a very wealthy man, he had the money for his care and insurance too. My brothers didn't want to spend his money that way. He gets around OK, but has memory issues, which they say is demensa, since the stoke. He can remember things from long ago but not who he saw or talked to on the phone day by day. My brothers also have him thinking he is pennyless, which upsets me very much.

JudyKayTee · Jan 26, 2009, 07:09 AM

Originally Posted by perseotee123

I am not sure, because my brothers are not forth coming with any info. I know after my fathers stoke he was in the hospital for a long time, and need a lot of medical attention. I know my brother went to a lawyer to get the POD. My father would need around the clock looking after if he stayed in his home, he will wonder off and would have cost a lot of money, so my brothers went the less costly way and had him placed in a assisted living home. As I said my father was a very wealthy man, he had the money for his care and insurance too. My brothers didn't want to spend his money that way. He gets around ok, but has memory issues, which they say is demensa, since the stoke. He can remember things from long ago but not who he saw or talked to on the phone day by day. My brothers also have him thinking he is pennyless, which upsets me very much.

If it's a Court ordered P/A there would be a Court record - family court, in my area, possibly another court in your area.

You can demand a copy of the P/A. The nursing home has to have one and you were able to get him transferred so they have acknowledged that you have some legal standing. Get a copy, look at the dates, see who witnessed it, see who notarized it.

ScottGem · Jan 26, 2009, 07:15 AM

I would strongly suggest contacting an elder care attorney. Your brothers can be forced to do an accounting of all their actions. Selling off his possessions may not have been wrong if it was done to raise cash for his care. But, that money is still his and should be used ONLY for his care. If they can't show an accounting they could have the POA and executorships stripped from them.