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MisterBrin

Worried and concerned

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I have medical and full POA over my father I am the only sibling of my 92 year old father who is still living my aunt his older sister who is 3 years older than him wants to take us to the lawyer to have him my father filed as incompetent and take over the POA can she legally do this. Also she wants to find out how much his estate is worth. His sister is not incompetent but she is not healthy either. This is going to happen shortly so I need advice ASAP( I stated this is going to happen shortly shortly being in 14 hours)

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I am trying to figure out how you can be the only sibling of your father.  Are you your father's brother or sister?  If your aunt is your father's sister you obviously cannot be your father's only sibling.

 

Do you mean you are your father's only child?  That makes sense.

 

Why would your aunt want to have your father declared incompetent?  Assuming you have a durable of attorney and medical directive there would seem to be no reason to do so.  A guardian appointed for an incompetent person would have little more authority than an agent under a power of attorneyand medical directive.

 

Could it be your aunt has reason to believe you are abusing the power of attorney to benefit yourself?

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In any future posts, please make a better effort to use proper punctuation so your sentences don't run together and we don't have to guess where one sentence ends and the next one begins.

 

 

On 10/6/2016 at 8:39 PM, MisterBrin said:

I am the only sibling of my 92 year old father

 

Ummm...I'm pretty sure you cannot be your father's sibling.  I assume you meant to write that you are his only child.

 

 

On 10/6/2016 at 8:39 PM, MisterBrin said:

my aunt his older sister who is 3 years older than him wants to take us to the lawyer to have him my father filed as incompetent and take over the POA can she legally do this

 

This doesn't make any sense.  Lawyers don't have the power to declare people incompetent, and a "declaration" of incompetency would not allow her to "take over the POA," so I'm not really sure what you're talking about.  Maybe you're saying that she wants to seek a conservatorship or adult guardianship.  If so, yes, she can legally seek to do that.  however, I'm skeptical that any court would appoint a 95 year old as conservator or guardian of a 92 year old.

 

 

On 10/6/2016 at 8:39 PM, MisterBrin said:

Also she wants to find out how much his estate is worth.

 

His "estate" doesn't exist until he dies, so it's a moot question.

 

 

On 10/6/2016 at 8:39 PM, MisterBrin said:

This is going to happen shortly so I need advice ASAP( I stated this is going to happen shortly shortly being in 14 hours)

 

I'm not sure what "this" refers to.  However, since more than 14 hours have passed since you posted this, I guess it's a moot point.

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