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How can I protect my mother and her estate from my deceased brother's girlfriend?

Question Details:My mother is elderly and not mentally competent. I have been her caretaker and have handled her affairs on the authority of a power or attorney for the six years since she had a brain aneurysm. My deceased brother's girlfriend has been trying to influence my mother and recently took her to a lawyer in an attempt to get her to reassign power of attorney to her instead. How can I protect my mother and her estate from this vulture?

Asked 2 years ago under Wills, Trusts, Probate | 388 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

If your mother's doctor will certify that she's not mentally competent, you should hire a lawyer and file for guardianship.  That will accomplish two things that aren't in place, now, with the power of attorney, although your role in your mother's life will be pretty much unchanged:  first, your mother will become a ward of the court, and whether you're around or not, she will be "in the system" where her rights can be protected.  Second, unlike the power of attorney, a guardianship can't be revoked by anything your mother signs;  she'd have to come into court and move to end the guardianship herself.

I think you can probably invalidate anything your mother would sign now, if the doctor agrees she's incompetent.  But I'd recommend the guardianship:  "vultures" are best dealt with before they create an actual problem, rather than after.

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