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Old 10-29-2008, 10:56 PM
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Question is this legal

My parent named me as power of attorney and medical power of attorney in 2005. In october 2006 I realized she was not able to care for herself. I signed her into hospital for psychiatric evaluation, She was not willing. She became legally incapacitated person by a court in November of 2006. In December of 2006 my sibling got ahold of her by taking her out of a psychiatric facility she was in, without anyones knowledge, and this sibling then took parent to an attorney and had the trust changed. The first trust stated this sibling was purposely not made any provisions for. Again, she was found legally incompetent in November 2006. IF this isn't legal, then how did an attorney change things knowing she was not competent??? The Amendment was then changed to add the other sibling into the will and also a nephew.
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Old 10-30-2008, 04:32 AM
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Maybe she came to herself long enough to realize she put her trust in a relationship that was perhaps "not in her best interest". Or maybe she wasn't as incapacitated as you had thought. Many elders are not incapacitated, they are just depressed. Most elders fear that they will be put aside in a home that will mistreat them. Frankly, that is actually what will happen if there is nobody to come visit and see to their care, correcting overmedication (which they do on purpose to keep the patient from creating alarm with their other patients... eventually this overmedication is what kills them... if they don't use it, they lose it), and seeing that the nurses treat them like citizens and not like inmates. I've seen the results of threats by nurses... battering occurs when the nurses and administrative people find the elder uncooperative or combative... and who wouldn't be when they discover they have been denied their freedom and taken out of their home to live without privacy while someone else has control.

Since you were concerned enough to put her in the hospital and write her trust with feelings against other relatives, perhaps you should check to see if they returned the favor. Generally I'd say you probably at least lost your power of attorney and power of health decisions, as well as your position as the sole inheritor. But then perhaps YOU are now cut out of the inheritance.

Your sibling only had to take your parent to one licensed psychiatrist to state for the court that she was of sound mind to overturn your well orchestrated takeover of her life to protect her from herself.
.....
Now, let's assume you have been cut out of the will and that your parent actually is unable to take care of herself. Where is she living? What can you do about it? If she is well taken care of, leave her where she is. If you have been cut out of inheritance or don't know if the trust has been violated, discuss it with her or wait until she dies to make waves. But if she is living alone or under the protection of the sibling but in a way that allows her to wander or to be in danger, then you need to revisit the court that declared her incompetent. BUT YOU WOULD HAVE TO PROVE THAT SHE IS IN DANGER TO GET THE COURT TO CHANGE HER CIRCUMSTANCES. You may have forever lost control of the estate.

So go visit. Record your observations. Make regular visits and sit with her for time enough that you can see she is fed regularly and does not wander and is not doing things she is not competent to do. Then talk to the neighbors and tell them that your parent was not so able to take care of herself in the recent past and may revert to those circumstances and that you would appreciate being told of any problems they see. Give them your phone number and continue visiting her. Eventually the neighbors will give you enough trust that they will tell you of any problems when you visit with them occasionally.
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Old 11-06-2008, 07:31 PM
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Mind-numbingly incorrect.

Original poster, for an accurate legal answer, please check your private messages. The answer to your question is, actually, very simple.
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