Challenging Power Of Attorney

Summary

The users fathers girlfriend has power of attorney over her father who has severe brain atrophy. The girlfriend is allegedly abusing her power by controlling the users access to her father, selling items meant for the users inheritance, and making the user sell a house bought for her by her father. The user is advised to gather evidence of these actions, including any written or recorded communication, and to consult with an elder law attorney. The Alabama State Bar Lawyer Referral Service is suggested as a resource for finding legal representation.

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Sonja
Nice to meet you, Sonja. Could you please describe the legal issue you're facing?
My dad's girlfriend has completely took over my father's business,finance,& family life since his brain atrophy has become severe.
Does your father have a power of attorney or any legal document that gives his girlfriend the right to manage his affairs?
Yes she has power of attorney now.
What state are you located in? The rules for challenging a power of attorney can vary by location.
Alabama
What specific actions of your father's girlfriend are causing concern? In Alabama, a power of attorney can be contested if the agent is abusing their power.
She makes me visit when only when she is home and with us. We have to sit in front of a camera with recording.
Do you have any evidence of her abusing her power of attorney? In Alabama, you can file a petition in court to challenge the power of attorney.
I'm not sure. I'm disabled and my father thinks he is helping me with finances. She has sold stuff that was in the will for me. Main thing is we can't talk or be alone. This has been going on for a year and now he is totally dependent on her and anything she says. He asked me to come over today but I had to tell him I couldn't because she won't let me. He is so bad he can't put two and two together. She told me they were getting married,but he has not wanted to marry her for almost 27yrs. She is under the age of * .He is going to be 87yrs old in December. He is or was before she took over worth about * million dollars
Do you have any written or recorded evidence of her selling your inheritance or restricting your access to your father?

In Alabama:
- Power of attorney can be contested in court.
- Evidence of abuse or exploitation is crucial.
Not that I know of with my inheritance or will as far as getting my hands on something,but I can text her and ask her how much longer am I going to have visiting hours. Also my father bought me a house and my brother a house since we are both disabled. His name is on it with mine and she is making me sell it. She says I have to pay him back for it. He said I didn't and he would just give me the money back. Now she has convinced him for me to pay him back. He also does not understand I have no way to get to the Dr. She fired my caretaker and told my father she moved. He was paying for that. She never replaced her or tried to find a cheaper one or a part time one.
What evidence do you have of her forcing you to sell the house and pay your father back?
I have no physical evidence. We are supposed to be meeting her tonight and signing the listing contract. I have been living in Alabama in one of his houses to be closer to him. He wanted it out in my name so nobody else could get it and she refused. He also told me if I would live in it to be closer to him he would pay the repairs. She refuses to do it and when he wants to come see it she tells him no his walker won't fit in the bathroom. He uses a urinal *% of the time anyways.
What is the condition of your father's mental health currently? It's important as it can affect the validity of the power of attorney.
His dementia is severe I think. It hasn't been long since he was life flighted out. They wanted him in rehab,a ct scan,& echocardiogram. As far as I am aware none of it has been done.
Do you have any medical records or a doctor's statement about your father's mental condition? In Alabama, if the principal was not mentally competent when he signed the power of attorney, it could be invalid.
No. She keeps everything from me. I have to dig for what little information I get. I can't let my husband know because of his relationship with her. He is employed by her.
Do you have any other family members or close friends who could potentially support you in this situation and testify on your behalf?
No my brother passed away. My daughter knows,but won't get involved because of all the problems she had with her.
I'm sorry to hear about your situation. Do you have any legal representation currently? In Alabama, it's crucial to have legal counsel when contesting a power of attorney.
No
Based on your situation, it would be beneficial to consult with a lawyer. In Alabama, you can contact the Alabama State Bar Lawyer Referral Service at (*) *-* for assistance.
Thank you so much for your time and assistance. Have a blessed day.
Based on your situation, it would be beneficial to consult with a lawyer. In Alabama, you can contact the Alabama State Bar Lawyer Referral Service at (*) *-* for assistance.
I have not spoke with her yet. I lost the information that I received from you as far as how to contact anyone.
What is your location? This will help me provide you with the appropriate contact information for legal assistance in your area.
Alabama
What specific legal assistance are you seeking? For general legal help in Alabama, you can contact the Alabama State Bar Lawyer Referral Service at (*) *-*.
Abuse of power of attorney with my father who has dementia.
What actions has she taken that you believe constitute abuse of power of attorney?

For general information:
- In Alabama, abuse of power of attorney can be reported to Adult Protective Services.
- Montgomery County Courthouse: (*) *-*.
Keeping him from family,not following Drs orders recently,making business and finance decisions he doesn't understand or is not aware of,and selling of things in his will.
What evidence do you have to support these claims?

General Information:
- In Alabama, evidence is crucial in proving power of attorney abuse.
- Montgomery County Courthouse: (*) *-*.
The only evidence I can get for now is visiting hours and not being able to be alone with him unless she is present.
Do you have any written or recorded communication that shows her not following the doctor's orders or making decisions without his understanding?
No
Do you have any witnesses who can testify to her actions? In Alabama, witness testimonies can be crucial in power of attorney abuse cases.
Maybe. I can see. I do have old text from her about money but someone erased them.
Do you have any way to recover these erased texts? They could serve as important evidence. In Alabama, digital evidence like text messages can be used in court.
I can check.
That would be helpful. In Alabama, digital evidence like text messages can be crucial in power of attorney abuse cases.
I think I can contact my phone company. I can also get text about visiting.
That's a good step. Do you have any other evidence or witnesses that can support your claims? Remember, in Alabama, the more evidence you have, the stronger your case will be.
I don't know. My brother passed away he knew and my daughter knows but I don't think she would say anything because of all the problems she has already caused.
Can your daughter provide any written or recorded evidence that could support your claims? In Alabama, such evidence can be crucial in power of attorney abuse cases.
I don't know about my daughter. I can text her and ask her if she has followed up with the Dr's orders where he was life flighted. I can also text her about having visiting hours with him. I just can't do it at one time because of her being suspicious.
What is your daughter's relationship with the person who has the power of attorney? This could influence her willingness to provide evidence.
It is my father's girlfriend. His girlfriend says they are getting married if not already. He hasn't wanted to marry her 27yrs,but is not mentally able to understand what all this means.
What steps have you taken so far to address this issue legally?
None. I wasn't sure what kind of lawyer and who we be the best.
What type of lawyer are you considering? For your situation, an elder law attorney might be suitable as they specialize in issues affecting older adults, including power of attorney abuse.
I don't know. That is my reason for contacting y'all.
What is your current location in Alabama? This will help me provide you with the contact information of the nearest elder law attorney.
Andalusia
For elder law attorneys in Andalusia, Alabama, you can contact the Alabama State Bar Lawyer Referral Service at (*) *-*. They can guide you to a suitable attorney.
Thank you for your time and assistance
You're welcome, Sonja. If you have any more questions or need further assistance, feel free to ask. Remember, gathering as much evidence as possible can strengthen your case.