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Uncle May be Abusing His Power of Attorney?

My grandfather is in a nursing home with Alzheimer's disease. My uncle is his power of attorney. My grandfather wanted it changed, but his mental state was a little questionable at the time. My two daughters have lived with my grandfather for the past 14 years they're are now 19 and 23. My youngest daughter still lives in the home during the weekdays. She went there today trying to get in to get some of her clothes and all the locks were changed, plus the alarm code.

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I know my grandfather never in a million years would think my uncle would be so hateful and such a monster, but he is. Is it legal for him to do this? Is it legal for my uncle to lock my daughter out of her own home and tell her we will set up a time and meet so you can come get your things. Also when my grandfather passes my uncle is planning to ban me from the funeral; is that legal. If not, what can I do about it what can I do about any of this?
Can somebody please help.

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October 20, 20180 found this helpful

You need to take a copy of the original power of attorney document to an attorney and have that person examine it. Only an attorney can answer your questions because some of the answers are going to depend on what is in the document itself and the laws of the state in which the document was written and executed.

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I am sorry that you and your family members are having to go through this difficulty.

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October 20, 20180 found this helpful

Wow! You have a lot on your plate and it sounds very complicated and frustrating.

Families can really have issues when a patriarch (or other family member is ill) and sadly it seems to bring out the worst in people!

You don't say what state you are in and I only know my state's rules and regs and such...so I can speak generally that POA gives the person the right to act on behalf of the person (meaning your uncle is acting on behalf of your grandfather). There are different kinds of POA (see the link to help you understand this):

info.legalzoom.com/explanation-power-attorney-20336...

Unfortunately you never know if someone is going to take the POA thing to an extreme. If it were me I would first try to CALMLY, in a public place like a restaurant, just try to talk to your uncle.

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It could just be he's scared and worried and thinking he is doing right and having no clue how his actions are causing problems for others.

OR he could just be a power hungry lout...I hope it is the first thing...and he will be reasonable and all will be resolved.

If your daughter is living in the house and is now essentially homeless, you would hope this could all be calmly discussed and worked out. If not, well then you may need to seek legal counsel.

To seek legal counsel, if you can afford a lawyer, be sure to get one who family or friends have worked with and has a proven track record. Most people can't afford lawyers so there are free or low cost legal aid services out there (in many states), but be very careful not to use one that is a scam. Ask your state senator to help...his/her services are free (well paid for by tax dollars, but no cost to you at the door).

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I found ours by putting in Google search my town name and the phrase state senator. His name came right up.

As for being banned from the funeral...if you know where the funeral will be held, talk to the funeral director NOW and get his/her input on your rights to be able to say your goodbyes to your grandfather. I know they deal with this family stuff every day....the director can steer you in a good direction!

Sending up prayers for a peaceful and easy resolution. Post back to let me know what you learn!

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October 21, 20180 found this helpful

Thank you so much for your input!!! I will definitely be talking to the funeral home. My daughter luckily has a wonderful boyfriend she can stay with until this dissolves.

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October 21, 20180 found this helpful

Sending lots of prayers for your family! Post back to keep me updated!

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October 20, 20180 found this helpful

The first thing you need to do is to find out what type of POA your grandfather gave to your uncle. With that information you can determine just how much legal power your uncle has over your grandfather's property.

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Seeking the advice of an attorney or going to your senator's office (as Pghgirl suggested) would be a very good first move.

If your uncle has full POA over your grandfather's property then he may have the legal right to change the locks and prevent anyone from going into the house unless he is present. It does not appear (from your statement) that your daughter has been living in the house full time and apparently does have other living arrangements. If that is the case, your uncle could say he does not want anything removed from the house without his knowledge.

See an attorney as your problems have probably just started and will continue to be a big headache for the entire family.

You do not say if your grandfather has a will and if so, who will be the executor (your uncle?) or if he does not have a will (and has property) then you are probably looking at a real fight so an attorney can help you with that also.

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You do not have to be concerned about your uncle keeping you from your grandfather's funeral as his POA ends at your grandfather's death and he does not have that right anyway (unless he has a police escort and says you are going to cause a disturbance).

Also - who will be in charge of your grandfather's funeral arrangements? Talk with your attorney about this also. There is so much you need to know that no one can list everything here and that is why you need an attorney.

Take Pghgirl's advice and seek help soon.

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October 20, 20180 found this helpful

You need legal advice. The Legal Aid Society provides free legal counsel to those who cannot afford it. Some private attorneys give back to the community by giving pro bono services

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