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My grandma was tricked by my aunt into signing power of attorney form.
My grandma recently had a stroke and she's very confused and speaking baby like. My aunt went up to the hospital with some forms for her to sign so she could get power of attorney. My grandma has two kids left which is my mom and my aunt. My aunt is not responsible, she steals money from my grandma, does drugs and she's been writing checks using my grandmas name while she's in the hospital. My mom is way more responsible and I have a cousin that has also been looking out for my grandmother. My aunt just wants to be in control of everything so she can spend grandmothers money and live somewhere nice. When my grandma gets out of the hospital, my aunt is forcing her to live in her house which is not suitable to live in. Can my mom and cousin take my aunt to court?
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You can and probably should. Be prepared to offer evidence to support your claims about your aunt, as she will likely deny it all. You'll need some legal counsel; get yourself a lawyer. It may be that one letter from a lawyer's office will get your aunt to back off, nullify the power of attorney, and the case will never have to see a courtroom.
Power of Attorney forms, once signed and notorized, are a matter of public record. Get copies of the forms and make sure they're legitimate. Check the date they were signed; if you can get a doctor to say that your grandmother was not of sound mind when she signed them (for instance, if she was hospitalized and on prescription narcotics), then the forms can be voided.
Your mother can definitely challenge this, and should do so.
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Anything signed when someone is not of sound mind is invalid. You will need to find a lawyer and take your Aunt to Court to nullify the Power of Attorney or file charges against her. The court may want charges filed against her depending on how she spent any of your grandmothers money.
If you cant afford an attorney you would need a letter from her treating doctor or the nurses caring for her that she was not of sound enough mind to know what she was signing if the paper was signed in the hospital. You then go to the clerk of the court to ask how to file charges and request a court appointed attorney. You also request an emergency hearing so that your Aunts Power of Attorney can be suspended until the court renders a judgment.
Of course if you can afford an attorney this can all be do by the attorney better and faster. Any cost involved can be reimbursed from your grandmother when the in the judgment of the court your Aunt committed any fraud or theft from your Grandmother. The court can order full restitution top your grandmother of any funds spent that were not spent in the best interest of your grandmother.
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I highly advise that your mom and cousin seek legal help. I am sure that power of attorney can be taken away or given to someone else but it would have to been proven that grandma was made to sign when she was not of sound mind and also proof of aunts misuse of the position of POA.
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