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Jack R.
Jack R., Family Law Attorney
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Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My dad had a stroke on November 30, 2008, in Texas. He is

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My dad had a stroke on November 30, 2008, in Texas. He is a winter Texan but lives at the family cabin for the most part of the year in Minnesota. He is now in a nursing home/rehab in Minnesota. I live in Florida. I live in Florida. When the snow melts and the cabin is accessible again, I want to stay at my dad's cabin for a couple months this summer to be closer to him. I visit him every year at the cabin and we discussed this last year in August b/4 he had his stroke. Now my two sisters and brother are saying I can't "move" into the cabin and they will not allow it. I just want to go there for a couple of months to be closer to Dad. My sister has power of attorney. What do I have to do legally to be able to stay at my dad's cabin for a few months this summer?
Submitted: 8 years ago.
Category: Family Law
Expert:  Jack R. replied 8 years ago.
If your dad is still capable of making decisions he can direct the POA to allow you access to the cabin. You may need to get his permission in writing. The power of attorney is normally to deal with financial affairs. Family use of a cabin is proabably borderline for a POA, but is a power the POa can establish. You need to read what power your ctually intended your sister to have. In most cases it is to pay bills and maintain the assets.

If you wish to challeng in court ( or need to). Your sister owes your dad a fiduciary duty, which means that his best interests must always be placed first. This means that if he normally has allowed you to use the cabin, or your purpose in visiting is to help your dad your sister may have violated the duty she bears as the POA.

You can challenge your sister legally as to to her failure in performing her duty.

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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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