Power of attorney abuse/neglegence-- Please help!

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outlawinlaw

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Sorry this is so long...

My sister-in-law has been Power of Attorney for her father for quite some time. Until his recent hospitalzatin earlier this year, she appeared to have been paying her father's bills. Both my husband and I have attempted to contact her via phone, only to have to leave a message each time. She has never returned out calls.

Important part: This month the sale of my father-in-law's condo in another state (IL), was finally completed. The one son who has helped with this sale sent us the check from the title company becuase it had come to out attention a week before that the POA was 2 and a half months deliquent in paying the nursing home. I took my father-in-law to his bank, had him sign the check and deposit it in his checking account that was set up for him here. Since both my husband and I , along with his father can write checks on this account, I wrote the nursing home a check for the amount that was due. This was done because we again had not heard anything from the daughther, aka POA. Nothing else has been done with this money, nor with this account.

Now my sister-in-law is leaving threatning messages on my answering machine, claiming that my husband and I have stolen her father's money. She is telling us that she is getting a lawyer. I have documentation showing that she has been deliquent in more ways on paying her father's bills. We would like to have her removed from having the power of attorney, but are not sure how to go about doing this so that we get all the information that we need.

Please note that my sister-in-law has never produced a copy of her father's POA when asked in the past. The main reason why her father was moved here from IL was to keep his eldest son out of his money. We are in fear that this son may still be doing this through his sister...

I was told that by my father-in-law signing that check that he in a scence has already turned over the POA to my husband and I-- can this be? What should our next steps be?

Thank you anyone that may be able to lead us in the right direction! We only want to protect my husband's father.

:)
 
Q: I was told that by my father-in-law signing that check that he in a scence has already turned over the POA to my husband and I-- can this be?

A: No. Don't depend on coffee shop lawyers. Get a real lawyer.
 
Okay, so you say get a lawyer, but that doesn't fully answer my question about what should our move(s) against my sister-in-law be. I mean, should we first work at having her POA be revoked and re-established to my husband, or should be go and work on getting a conservitorship (sp?) to fully protect my father-in-law's assests? To my knowledge he has never been declared incompetant (SP?).
 
Update:
Since my last post we have gotten a lawyer and are due in court on the 3rd of January of 2008 and my husband currently has "special conservatorsip" of his father. We would have been in court sooner, but husband's sister and one brother are contesting the petition.
For anyone reading this that may be in a similar situtation, I strongly suggest that you run, not walk to a lawyer that specializes in elder care and get your situation corrected immediately!
:)
 
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