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Loren, Attorney
Category: Estate Law
Satisfied Customers: 28562
Experience:  30 years experience in the practice of estate law.
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My mother is still living, my brother is the POA, he plans

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My mother is still living, my brother is the POA, he plans to sell her home and relocate her, both names are XXXXX XXXXX title. Because he is a primary care giver he feels intitled to two-thirds of proceeds/assets to use to purchase real estate. Is this potentially an abuse of his power with regards XXXXX XXXXX other siblings, seeing this is her only major asset? Washington DC.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

For your brother to appropriate any of your mother's assets for his own would be a blatant violation of the fiduciary duties he owes under the power of attorney. In fact, not only is it a violation of the POA, it is also something for which he could be criminally prosecuted.

I he followed through with this, you could file a petition with the probate court to be remove your brother as the attorney in fact. Additionally, the court could remove him as the attorney in fact and force him to pay back the misappropriated assers along with other damages.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

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Thank you.

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