My question involves a power of attorney in the state of: Texas.
My father got power of attorney over my grandmother after my grandfather passed away. I'm not sure what type of PoA he got, but since this he has seemingly taken over everything. He is drafting money out of her bank account to pay for things he wants, he is telling her (not asking) that he is having her land surveyed and deeded to him, he is monitoring and questioning her bank transactions, and he is selling items of my grandfather's without asking her first. He is also trying to talk her into deeding ALL of her property to him, claiming that if she doesn't she will probably lose it all if she ever has to go into a nursing home because of the 5 year look back period. He is using scare tactics and pressure to make her do what he wants and I don't like it.
I'm wondering, firstly, can she assign me as a power of attorney with equal power to my dad? She is feeling uneasy with his recent behavior regarding her assets and she has had me helping her get banking straight after he overdrafted her account and set up the bank account to be paperless (He does her banking online, but she never gets to see what goes in and comes out of her account). I think she would feel much more at ease if I was an equal power of attorney. Is that possible?
Secondly, since my dad has power of attorney and her will is currently set up to leave him everything, can she change her will without him being present to sign documents? Please excuse if this is a stupid question, but I'm not well versed in law. She has always intended for me to inherit part of her estate and I'm concerned that with the will the way it is and with him having power of attorney that her wishes aren't going to be fulfilled. He acts as though he is trying to take everything over and that isn't how she wants it, but he will probably talk her out of changing her will if it is necessary for him to be there to sign anything. She asked me to take her to a lawyer to change her will, but we don't want him to know about it.
Basically, can I be an equal power of attorney as well, will he have to sign off on her changing her will, and just how much control does he have concerning her estate and inheritance?
My father got power of attorney over my grandmother after my grandfather passed away. I'm not sure what type of PoA he got, but since this he has seemingly taken over everything. He is drafting money out of her bank account to pay for things he wants, he is telling her (not asking) that he is having her land surveyed and deeded to him, he is monitoring and questioning her bank transactions, and he is selling items of my grandfather's without asking her first. He is also trying to talk her into deeding ALL of her property to him, claiming that if she doesn't she will probably lose it all if she ever has to go into a nursing home because of the 5 year look back period. He is using scare tactics and pressure to make her do what he wants and I don't like it.
I'm wondering, firstly, can she assign me as a power of attorney with equal power to my dad? She is feeling uneasy with his recent behavior regarding her assets and she has had me helping her get banking straight after he overdrafted her account and set up the bank account to be paperless (He does her banking online, but she never gets to see what goes in and comes out of her account). I think she would feel much more at ease if I was an equal power of attorney. Is that possible?
Secondly, since my dad has power of attorney and her will is currently set up to leave him everything, can she change her will without him being present to sign documents? Please excuse if this is a stupid question, but I'm not well versed in law. She has always intended for me to inherit part of her estate and I'm concerned that with the will the way it is and with him having power of attorney that her wishes aren't going to be fulfilled. He acts as though he is trying to take everything over and that isn't how she wants it, but he will probably talk her out of changing her will if it is necessary for him to be there to sign anything. She asked me to take her to a lawyer to change her will, but we don't want him to know about it.
Basically, can I be an equal power of attorney as well, will he have to sign off on her changing her will, and just how much control does he have concerning her estate and inheritance?
General Power of Attorney: Executing Simultaneous Powers of Attorney for Different People
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