How can I get rid of someone's power of attorney status? 2 Answers as of January 12, 2012

My aunt has Power of Attorney over my moms affairs as she is in assisted living living with Dementia. I used to help mom when she was not ill with her properties such as being there when she could not because of an appointment or feeling badly , or she just could not be reached. My aunt is and always has had to be in control and have the upper hand. The whole family knew it but now it ha gotten worse since my mom is the only one of hers left other than kids etc. She is in her late 70s. My moms tenants have been calling me to help in some incidences. They either can't get a hold of her or when they do she is very rude. She always says mom has plenty of money but in same sentence says she will sell mom house and I can have what left. I have volunteered my help several times, because as she says she is tired of driving back and forth and to much stress. She also has had my cousin, his son and grandchildren living there pretty much rent free since no one works. Please help I don't know what to do. I would like to take it all away from her. If she passes then who gets control? I am 59. The power was not given to me at the time it was done because I was on a different path but that was 20 years ago.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
A Power Of Attorney is a fiduciary relationship and your aunt is obligated to act in the best interests of your mother. If you believe she is not and someone else needs to take over, then you can go to court to have a conservator appointed for your mother for her person and or estate to look after affairs, which will take the place of any Power of Attorney.
Answer Applies to: California
Replied: 1/12/2012
Law Offices of Frances Headley | Frances Headley
Unless your mother retains enough capacity to revoke the power of attorney you will have to seek a conservatorship. If you feel that the attorney in fact has not fulfilled her responsibilities you may also want to speak to agency in charge of financial elder abuse.
Answer Applies to: California
Replied: 1/11/2012
Click to View More Answers: