Tuesday, June 3, 2014

My mother recently passed away. She signed a Power of Attorney giving my Uncle control of all of her affairs after she was diagnosed with De...

Question

My mother recently passed away. She signed a Power of Attorney giving my Uncle control of all of her affairs after she was diagnosed with Dementia. How do I force him to get an accounting. He will not answer a notarized request I sent him.

By Texas law as her next of kin, I inherit if there is no will.



Answer

If she gave your uncle a power of attorney after she was diagnosed with Dementia, the power may not be valid. A great deal will hinge on how long ago it was as to whether or not your mother had capacity. Once she passed, the poa was revoked as a matter of law. You need to hire an attorney to deal with your uncle.



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