Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

6 Bumps

I'm going to be POA of my dying grandma and need help with writing up legal papers

I was asked to be POA of my dying grandma this weekend. Her caregivers( her daughter and her husband) are suspected of abuse. They live in her home. We are bringing my grandma over to my parents house where she will live the rest of her days there. (Hospice gave her less then 2 months). That's happening at the end of this month. I've decided that my aunt can live in my grandma's until my grandma passes but I want to have something in writing saying she has until end of August to get all bills her name, then once my grandma passes she has 30 days to vacate the home.
The original idea was to let my aunt have the home but after finding out about the elderly abuse I rather have that bitch out on the street. The hospice can't prove there is physical abuse going on but emotional and mental for sure.
If I had more say I would have their asses out now but my uncle has asked me to keep them in there. He doesn't know my plans of kicking their asses out once she dies.
Do you know where I can find legal documents online? Or how to write one up? Can't afford a lawyer at all.
I also need to get a new will drafted because all of her leach sucking children claim not to know where it is.

Answer Question

Asked by LostSoul88 at 8:52 AM on Jul. 15, 2013 in Relationships

Level 40 (119,496 Credits)
Answers (19)
  • I bumped you. Maybe there is a POA form online for her to sign but you'll need to have it Notarized. Can she leave the house? You'll have to find a Notary to come to your home. If she isn't coherent then you can't do anything. Did you ask her where the will is? Her attorney that made it up should have a copy as well. Like I said though, if she is not coherent then you cannot create a new will. When she dies, if the other family members come up with her original will, they can contest the new one by saying she was not in her right mind due to her illness. I would try & find the original Attorney she used for her original will & talk to him. GL!

    Answer by ILovemyPaulie at 8:58 AM on Jul. 15, 2013

  • she isn't coherent, hospice said they will help me.

    Comment by LostSoul88 (original poster) at 9:08 AM on Jul. 15, 2013

  • I plan on donating everything. no one cares for her, only what little money she will have left :(

    Comment by LostSoul88 (original poster) at 9:12 AM on Jul. 15, 2013

  • Lost, you be careful and make sure you dot all the I' s and cross all the t' s

    You can go into any office supply store and buy any document you want pertaining to POA, Wills etc. You can take the paperwork and have it notarized at the bank, nearest UPS store etc
    But, by allowing her children to continue to live there, you're essentially giving them the house. They need to be removed WHILE your grandma still lives there. Unless, you have an attorney and even then it can take up to a year to have them evicted.
    Also, is your grandmother of sound mind? Are YOU able to prove this?
    I've been there, done that with my Great Aunt, and the best piece of advice I received, was to clear the house of unwanted guests.

    Answer by PMSMom10 at 9:12 AM on Jul. 15, 2013

  • If she's not coherent, I don't think a new will is an option. I think you'd have to contest the current one. It would give the abusers grounds to contest the new will if she isn't, saying that you coerced her or tricked her into signing the new one because she wasn't coherent.

    I agree with PMS, though, that you should really get them removed now. Or at least get the process started. I'd get with a lawyer to help you with getting them out and figuring out the options with the will, but you can get POA forms in office supply stores or even online. Here's one site that has them, along with a whole slew of other legal forms.

    Good luck! I hope your grandmother gets to live in comfort and peace for what remains of her life now.


    Answer by wendythewriter at 9:42 AM on Jul. 15, 2013

  • You should be able to contact the court house in your area and see what they say about getting you a copy of the will. There has to be more than one copy of something like that! Good luck and Im sorry about your grandma!

    Answer by Kara242 at 10:19 AM on Jul. 15, 2013

  • Are there any senior advocacy groups in your area? You may be able to get free legal assistance in this matter. It's not something I'd do without the help of a lawyer.

    You can also talk to the district attorney about what is or may be going on with this suspected abuse case. They may have some suggestions.

    Answer by gdiamante at 10:36 AM on Jul. 15, 2013

  • gdiamante, great ideal about the Senior Advocacy Group!

    Answer by PMSMom10 at 11:17 AM on Jul. 15, 2013

  • OP, I am so sorry all this is going on. Did you grandmother appoint you POA? If not, things will get tricky. Because she is isn't coherent you will need to have the courts appoint you DPOA or guardian. POA's typically are only valid if the other party is still coherent, once they are no longer capable of making decisions etc due to health etc a durable POA is needed.. As far as the will goes, it can't be re-written if she is no longer "in her right mind". This varies greatly by state.

    I know you stated you couldn't afford a lawyer but without the required documents or the courts to appoint you her guardian, Im not sure how messy things will get..

    Answer by midnightmoma at 11:27 AM on Jul. 15, 2013

  • Here is a legal link to guardianship

    Answer by midnightmoma at 11:40 AM on Jul. 15, 2013

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.