What steps can be taken to protect the estate of a person admitted to a nursing home?

[burro1601]

We are in the state of Georgia. My mother-in-law was admitted to a nursing home on 9/17/12. The family is divided over how to handle her estate. While we were all still in discussion mode, my sister-in-law forged her mother's signature on a Power of Attorney grant and had her cousin, who is a notary public, notarize the document with a false date (a date that occurred prior to her admittance to the nursing home). We are not interested in taking anyone to court – we just want to protect her assets where they can be used to pay for her care. What steps can we take, legally, to:
• Remove the power of attorney from this particular sister-in-law.
• Give the power of attorney to a different sister-in-law.
• Freeze the account (except for bills) while all of this is taking place.
• Ensure all decisions that affect her estate are made as a family - with a majority ruling.
• Ensure her estate remain intact until it is no longer of use to her.

Thank you very much! I so appreciate your help.

 

[army judge]

We are in the state of Georgia. My mother-in-law was admitted to a nursing home on 9/17/12. The family is divided over how to handle her estate. While we were all still in discussion mode, my sister-in-law forged her mother's signature on a Power of Attorney grant and had her cousin, who is a notary public, notarize the document with a false date (a date that occurred prior to her admittance to the nursing home). We are not interested in taking anyone to court – we just want to protect her assets where they can be used to pay for her care. What steps can we take, legally, to:
• Remove the power of attorney from this particular sister-in-law.
• Give the power of attorney to a different sister-in-law.
• Freeze the account (except for bills) while all of this is taking place.
• Ensure all decisions that affect her estate are made as a family - with a majority ruling.
• Ensure her estate remain intact until it is no longer of use to her.

Thank you very much! I so appreciate your help.

Without taking appropriate legal action, there is very little you can do.
Beyond that fact, if you know a FRAUDULENT act has been committed by a notary (a state official(, and choose to ignor eit, you can also be held culpable one day.
If you have knowledge of a criminal conspiracy cooked up by a relative and a notary, that can also land you in a pot of steamy, smelly, poo.
This is far too complicated to address on an anonymous internet website.
I suggest you speak with a local elder or estate attorney.
There is some protection available through mom's social security and medicare accounts.
Not for mom, mind you, but for the federal government.
Usually, social security (and/or medicare) will not permit the disposal of an elderly person's assets easily.
I suggest you speak with an attorney (as described above), and commence an action to have a TRUSTED relative appointed as mom's GUARDIAN.
An attorney can assist you with such an action.
It will trump the POA.
Good luck.

 

[Michael Wechsler]

I agree with army judge. All of this can and should be handled privately. It would appear that you have leverage in that this was, as the judge points out, a fraudulent act that is not a whimsical or minor. This can be used to convince the sister in law that it is in her best interests to follow what the majority of the family wants, in the event the sister in law doesn't want to comply with the family's wishes. Best of luck.