My mom had me down as POA shortly after her diagnosis. Two years later, her living boyfriend started making crazy accusations and turned my mom against me all while she was in advanced stages of Alzheimer’s. He married her. He took over POA. She is now in a nursing facility and he has put me and her grandchildren on the do not visit list. Do I have any rights?
Best of luck to you!
A few days after my husband died, I was at an attorney's office to get MY personal papers in order, to change the recipient of our assets, what I wanted done, when my son was to take over, etc. It seems here in this forum, people take for granted the flow of $$, papers, etc. is automatic. I never take chances, and I'm not the smartest person to understand all this legal "stuff". While it seems cold to get to a lawyer or associate just after a funeral, but remember, everyone: we are not promised tomorrow!!!
I would wonder why this man would marry her. Any money she has goes for her care. If she has a will leaving her house and things to her children, he is out of luck. Even intestate the kids get something.
So there could be substantial benefits to marriage for the mom’s husband.
Best of luck.
You say she was in advanced stages of Alzheimers when she married? Do you know that for sure?
I understand your concerns, but there are some unknown areas here that leave this situation up in the air.
If he does have PoA (legit, created when she was competent) then you will need to decide to either live with his bad advocacy for her or fight for guardianship. This will cost money. If the judge senses family infighting he/she may appoint a 3rd party non-family guardian.
I would see an elder law attorney. Your rights may depend upon the state you are in. You may get to visit accompanied by the husband.
I would hire an attorney.