If sister is the POA, her responsibility is to use Mom's money for Mom's care and to pay Mom's bills - nothing else. She absolutely cannot use it to build a house, regardless of who it's for. Contact an attorney specializing in elder law if necessary.
In any case, even if your sister is awarded as guardian, every penny she spends and every action she takes will be accountable to the Court. Any big decisions will have to be approved by the... An agent under a power of attorney has a duty to act in the best interest of the principal.
If you truly believe that your sister is using her POA for personal benefit to the detriment of your mother you may need to speak to an attorney who can either assist you or put you in touch with organizations that focus on elder abuse... It is impossible to know what is what from your post. Being allowed to live in place is a great asset.
Access to the parent. An agent under a financial power of attorney should not have the right to bar a sibling from seeing their parent. A medical power of attorney may give the agent the right to prevent access to a parent if the agent believes the visit would be detrimental to the parent's health.
Louise Mathias-Williams, lawyer in the Court of Protection team at Thomson Snell & Passmore, replies: Your mother would have been able to create two types of 'lasting powers of attorney', one dealing with property and financial affairs and the other with health and welfare matters.
What Are the Disadvantages of a Power of Attorney?A Power of Attorney Could Leave You Vulnerable to Abuse. ... If You Make Mistakes In Its Creation, Your Power Of Attorney Won't Grant the Expected Authority. ... A Power Of Attorney Doesn't Address What Happens to Assets After Your Death.More items...•
Spouses do not automatically have power of attorney. A spouse or other family member would still require legal authority to act on the behalf of the person. This means that without a power of attorney in place, there is the risk of strangers making decisions on their behalf.
Are there any decisions I could not give an attorney power to decide? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
Can a Power of Attorney gift money to themselves (UK) or family? Yes, however, as one might expect, there are a number of rules which must be complied with and strict limits to observe if you have appointed either an attorney or a deputy.
An agent under a power of attorney has a duty to act in the best interest of the principal. If you truly believe that your sister is using her POA for personal benefit to the detriment of your mother you may need to speak to an attorney who can either assist you or put you in touch with organizations that focus on elder abuse...
First, you should not pay for your mother's healthcare out of your own pocket. That is a risk you should not be taking. Second, you should consider applying for guardianship if you suspect there is abuse. You can pursue the guardianship independently, however, I recommend consulting an attorney. Third, you should report the suspected abuse to your county's Department of Health and Human Services. Fourth, I think your situation is complicated by living in her home. Overall, I recommend keeping a good paper trail of bills you pay.
If you consider that your sister was not acting in your mother's best interests and your suspicions surrounding financial abuse remain, the personal representatives of your mother's estate should make further enquiries of your sister such as asking her to produce her attorney's accounts for review.
An attorney can make most legal decisions for the donor under a financial LPA that a donor can make themselves.
Where reasonable expenses are incurred by an attorney in connection with their role, such as the cost of professional advice for the donor - like an accountant's fee for preparing the donor's tax return - travel costs, postage and phone calls, they are also entitled to their reimbursement.
It is the case that, on the death of one account holder, the balance held in a joint account would pass automatically to the surviving account holder.
If it is not possible for the personal representatives to make such enquiries - if your sister is perhaps your late mother's personal representative - it would be most sensible to obtain your own legal advice about the scope for pursuing a financial claim against her for recovery of misappropriated assets.
Some steps are limited, such as gift-making, and some select matters cannot be handled by an attorney at all, such as making a will for the donor.
The Office of the Public Guardian, which has the power to monitor attorneys, would be unlikely to assist now by investigating the handling of your mother's affairs during her lifetime, given that she has now passed away and their jurisdiction to act would have therefore come to an end.
Essentially, yes, you can be "sued" for lack of a better word by your brother as the Executor of the Estate. Likewise, you would have the right to defend yourself and argue that although you did take money, you did so via POA legally and do NOT have to give the money back to the Estate.
I think your brother is right, unfortunately. The power of attorney terminates when she dies, and the estate (and executor) take over.
But you had no authority to give any of her money to yourself. If you did, it belongs in the estate ... and yes, your brother could seek redress for your breach of duty. It doesn't matter whether you think you...