My mother recently got a POA over my dad who recently had a mental breakdown and is now confined to a mental hospital. When she first mentioned getting this, I begged for her not to and that we all as a family (myself, bro, mom) should make all decisions. I in no way believe she has my father's best interests at heart. She told me last Wednesday that she was going with her friend who happened to be a notary to get dad to sign the POA docs. When I spoke to her that night, she implied it was all done. Unfortunately she didn't flat out lie and say she got it...because she didn't. Last Saturday, she asked her friend the notary to come with us to the mental facility so she could get some papers signed. My mother told me the documents she was going to get dad to sign were only the ones to do with the stocks that my father for some reason had thought were lost. When my dad believed these stock certificates were lost (due to a break in at his storage unit), he asked me to sit with him while he called the stock companies and put a "Stop/Hold" on them. After all was said and done, we called them back to find out how to get the stop removed. They described the simple letter we need to write and that it needed to be signed and notarized...that's all I thought was going to be signed. When we got to the facility, I learned that particular day was family day, so more than 2 people could go in to see him. I walked briskly up to my mom to let her know this, but she said it would just upset him if I was there while he was signing these papers. I truly don't believe he knew he was signing for POA. The notary my mom got is a good friend of my mother. On the way to the facility, in the car, she said "we don't really have to tell him what he's signing, just that it's important." As we were walking up to the facility, she referred to one section of the document where my dad would need to initial. The notary said "well, if he doesn't do that you (my mom) can just put his initials in there for him." Last thing to do with the notary...when we first arrived at the facility, she said it would probably be best if she didn't take her notary stamp in with her and do the stamping there in front of my dad because it "might upset him." I can't see how this could possibly be legal. Before the ink was even dry on her POA, my mother started steps to get all of my dad's stocks in her name (jointly-there were sever in just my dad's name). After that, my dad had a storage unit where he was taking things he knew my mother was going to throw away. Again, before the ink was even dry, she's gone over to the storage unit, been given full access, and in only a week destroyed everything in there. My father, prior to being put in this facility, had begged me again and again to save certain things in that unit. There were very special books and antiques that meant a great deal to my dad. My mother really is a hateful person, so she's gotten her way to have power over absolutely everything (just like she likes). I need to know if there's anything I can do to fight her. I'm going to contact the city dump where she sent a large number of my dad's things and pray and pray and pray that I can somehow find something. Everything else was shredded on site yesterday, so very special letters to and from my dad that I would have loved to have had are gone. She seems to be doing everything she can to make him not exist. I'm so sorry for such a long 'question' I just couldn't think of just one small thing to ask without giving some background. Please help if you can!! I'm 41 and my dad's only 76. The nurses at the place he's being released from today even said he didn't belong there because he wasn't (and still isn't) crazy. Thank you!!!!! Amy Bond
Answer
I'm sorry all this is happening to your family. If you think your mother is not acting properly, you should consult with a probate/guardianship attorney to get a guardianship over the estate of your father while he is incapacitated. That would cut your mother out. Good luck!!
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