Tag Archives: Probate, Trusts, Wills & Estates

power of attorney for mother with dementia My mother has advanced dementia and…

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power of attorney for mother with dementia
My mother has advanced dementia and my father is her power of attorney. Recently, my father’s health has been poor and I’m concerned about how my mother’s affairs will be handled if he dies before her. Is it possible to designate one of the children as my mother’s power of attorney in the event of my father’s death and if so, would we be able to put our mother in a nursing home facility without having to turn over my father’s entire estate to the facility?

Use of the word usufruct in a will! My husbands grandparents wrote out a will…

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Use of the word usufruct in a will!
My husbands grandparents wrote out a will about 20-30 years ago. His grandmother is still living. They each had the other one say the everything was left to the other spouse at the time of there death and and if they both died there children would get everything equal. They stated the other had the usufruct right until there death, then it would be turned over to there children. When they wrote it all there children were still alive, however, one is dead but he has 2 children. Five years ago, she wrote out her last will and testament giving my mother-in-law power of attorney and leaving everything to her. Do the other children or grandchildren have any rights to anything that his grandparents had?

This past year I started to notice that my 82 year widowed mother’s mind was…

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This past year I started to notice that my 82 year widowed mother’s mind was beginning to slow down somewhat,so I sat down with her and dicussed with her to give me Power of Attorney over her estate and she was most willing to do so. The first of Jan. 2010 we had all legal paper work processed and recorded giving me the POA. Let me also mention that I have one living sibling (brother) who is married to the wicked witch of the south and she and my brother did not know that our mother had given me POA,because they had been taking advantage of mother and her generous giving heart and were actually robbing her of her income on a monthly basis,always using some desperate excuse of needing monthly,so she would write $200-$800 at a time and with her mind slowing slipping away,would forget she had given the funds to them,so I felt as she was being taken advantage of so I am now POA of her estate. Here’s the problem & question: They,not knowing I had POA,came and took my mother and also had her sign them as her (mother) as POA of her estate,and since I already had it done a month ago,which of us is the true and legal POA for our mother????