Mom is in a home. POA sold assets cheap and hid the money... What can I do?

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jmery64

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Jurisdiction
Kentucky
My mothers POA is my half niece. She has sold major assets and hidden the money. She claims that the POA gives her the right to do whatever she deems necessary with the estate. This is NOT what my mother wanted or intended. She specifically stated that estate decisions were to be agreed to between me and my half brother. But now they refuse to communicate anything with me... I'm not even allowed on the property now that it is in his name. I don't know what happened to the massive collection of very valuable art and artifacts that mom & I collected around the world... Mom is in a home with memory loss... Is there anything I can do?
 
. Is there anything I can do?

If your half niece is acting illegally, you can go to court to get the POA cancelled and you can seek gardianship or conservatorship over your mother's property and affairs.

You will, of course, need to hire a lawyer because those proceedings are complicated.
 
My mothers POA is my half niece. She has sold major assets and hidden the money. She claims that the POA gives her the right to do whatever she deems necessary with the estate. This is NOT what my mother wanted or intended. She specifically stated that estate decisions were to be agreed to between me and my half brother. But now they refuse to communicate anything with me... I'm not even allowed on the property now that it is in his name. I don't know what happened to the massive collection of very valuable art and artifacts that mom & I collected around the world... Mom is in a home with memory loss... Is there anything I can do?

For that POA to valid it had to be executed while your mother was competent and it had to be a durable power of attorney (a power of attorney that expressly states that POA will remain valid if your mother became incompetent. Furthermore, her agent (your half niece) may only undertake actions that the POA document says she may do. So it would be a good idea to get a copy of it and see what it says. Your half-niece is obligated to act in the interests of your mother, and part of doing that is safeguarding your mother's assets and ensuring they are only used to the benefit of your mother. If you suspect your half-niece is taking assets of your mother to use for herself or anyone else other than your mother you may want to go to court and become your mother's guardian. Once the guardianship is granted by the court it will override that POA. Also, you'd be in a position to see all your Mom's assets and should your half-niece be found to have used your mother's assets for something other than your mother's benefit you could sue on your mother's behalf to get those assets back. The longer you wait, the more assets that are likely to disappear, so if you suspect your half-niece of taking your mother's stuff for herself then the sooner you act the better chance you'll have of keeping those assets in her estate.
 
My mothers POA is my half niece. She has sold major assets and hidden the money. She claims that the POA gives her the right to do whatever she deems necessary with the estate.

To be clear, a POA (power of attorney) is a document, not a person. The POA is created by one person, the principal (in this case, your mother), to give another person, the attorney-in-fact or agent (in this case, your niece), authority to deal with third persons on behalf of the principal. That said, have you seen a copy of the POA such that you can say whether or not your niece is correct?

This is NOT what my mother wanted or intended. She specifically stated that estate decisions were to be agreed to between me and my half brother.

Whatever your mother may have told you and your half-brother verbally is legally irrelevant - especially if it contradicts a POA.

I'm not even allowed on the property now that it is in his name.

Not really sure how anyone could prevent that.

Is there anything I can do?

You can consult with a local attorney about whether, under the circumstances, it would be appropriate to challenge the POA and/or seek a conservatorship or adult guardianship.

and it had to be a durable power of attorney (a power of attorney that expressly states that POA will remain valid if your mother became incompetent.

To be clear, though, being in a home and having memory loss doesn't necessarily equate to mental incompetence.
 
File a suit for rescission of instrument(ie PoA). If you have sufficient reason to believe that your half niece has illegally sold the money you may take recourse to the following legal remedies:

•File a declaration suit in your local civil court to get yourself appointed as your mother's legal guardian. That decree will supersede the PoA.

•File a suit for creation of a constructive trust over the sold property & rescission of the sale;

Why are you posting to a dead 9-month-old thread? The OP has not been back since they originally posted.

Please don't post to dead threads.
 
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