What do I do when my ex husband to be of 27 years appointed his son to be his POA when he was in the throws of alzhiemers?we have been married 27 years,,my husbands son talked him in to allowing him POA,,about a year ago,,we had no money for a year due to this and we had no food and the bills and mortgage were not paid for the last 2 months,,his son packed him up and I was abandoned without a cent,my case is now in the hands of the court and my husband does not want his son to remain his POA,,they are not speaking now, they moved him to a different town where he lives alone,,he has called me and is distaught, and wants me to recieve the half of his pension he has been recieveing for 13 years, and wants his son out of his life,,,what are my chances of recieving what by law I am intitled too, I am 64 years old and am a breast cancer survivor,,,also under psychiatric care for 13 years and can not hold a full time job at this point....we have a case management hearing on the 16th of January,,his son will be there, can I speak my mind to the judge? can a POA be reversed in my favor if my husband wants to revoke his sons POA rights? thanks
Judi
The lawyer made sure that my husband understood the documents. She did not ask if he knew what day it was. The notary didn't care at all.
Good luck.
Interesting case. KIndly let us all know how it turns out, even if it takes years.
"Ex-Husband"!!!!
Are we to guess you had an "Divorce and Estate Settlement" in the past?
Did you spent your "settlement money" on medical bill due to your illness?
If so I would guess most judge's would hesitate turning over someone's Pension Income after a divorced settlment.
After a divorce/settlment the judge might simply look at any spouse as an Ex-Spouce without any claims on assets.
Another point would be if it can be proven that POA was signed while someone had alzheimers which might lead the Judge to Appoint a "Court Appointed Trustee".
My guess is the lawyers will keep filing for extensions until they bill you both broke.
Good luck.
Kindly keep us informed down the road.
My husband signed the POA and medical POA documents after being diagnosed with dementia. His cognitive abilities fluctuated a lot and he also suffered from paranoia at that time. I told the lawyer that he might not be willing to sign at the appointed time. She said that was fine; she'd just keep coming back until she caught him in a calm period. Fortunately she only had to come once. She asked if he understood what the papers were for. He explained, more or less accurately, what they were for. She asked if he trusted me to make decisions for him. He did.
In our case there was no one who would have contested this. It was in everyone's best interest to have those documents in effect. So it never got tested in court.
I'm just pointing out that having a diagnosis of dementia does not necessarily disqualify someone from granting POA.
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