What can be done if my grandmother has dementia and signed over for my cousin to be her POA while not in her correct state of mind?

UPDATED: Jan 24, 2014

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What can be done if my grandmother has dementia and signed over for my cousin to be her POA while not in her correct state of mind?

My cousin lives out of state. Anytime my grandma was hospitalized I made medical decision for her and she was always released to me. How do I have my cousin prosecuted?

Asked on January 24, 2014 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You probably cannot have your cousing "prosecuted" unless you can show he/she had a criminal intention (such as to defraud) your aunt; that he/she caused your aunt to execute the POA (i.e. and not that the aunt chose to do it on her own); and also that something criminal, like taking or diverting funds, was actually done.

You may, however, be able to get the POA invalidated or set aside if your aunt was not mentally competent at the time, and possibly get a family member (perhaps yourself) appointed as legal guardian. Speak with an elder law attorney about the situation and your options.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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