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Can a guardian get someone to change their will?

1 answer | Last updated: Jul 20, 2010
WanderlustLass asked...
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Caring.com User - Steve Weisman
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Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City...
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A Durable Power of Attorney can only be done by the person who is appointing someone else to act on their behalf. Since the elderly sister did not have the See also:
What to Expect from a Trusts and Estates Attorney
mental capacity to make a durable power of attorney, it is most likely that, as you described, a court ordered the Elder Charity to act as her guardian. Unfortunately, although your intentions are pure, you do not have the legal standing to review any accountings of the guardian. The elderly woman has a right to her privacy. Relatives, however could ask to review the accountings. A guardian must receive special permission from the court to do changes of the estate plan of the ward and this would be quite carefully scrutinized by the court for any undue influence or conflicts of interest. I suggest that you bring your concerns to the attention of the District Attorney's Elder Affairs section to inquire further to insure that any illegal elder financial abuse is remedied.

 

 
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