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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31024
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my brother is takeing care of our 92 year old mother, does

Resolved Question:

my brother is takeing care of our 92 year old mother, does being the care giver for her give him the right to take all her social security and her state retirement money each month?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

No, this does not. If he is not her Power of Attorney, he has no right to do anything with her money.

 

Also, if he is taking her money, he should only be using it as she directs.

Customer: replied 6 years ago.
mama has dimenthia and can't tell
my brother what he can pay with her
money. Does Hospice have the right to tell my brother how to get her money?
Expert:  Roger replied 6 years ago.
Hospice does not, but you and your siblings do. If he is not willing to agree with you on what to do with the money - or to establish a guardianship/conservatorship for your mother - you should file suit to establish a conservatorship/guardianship for her with 2 or more of you being co-guardians.
Customer: replied 6 years ago.
MAMAS HOUSE HAS BEEN TRANSFERRED TO MY BROTHERS NAME, WITH HER LIFE TIME INTEREST THERE, CAN HE GET A REVERSE MORTGUAGE ON THE HOUSE WITHOUT HER CONSENT OR MY CONSENT SINCE I HAVE POA./
Expert:  Roger replied 6 years ago.

He could get a reverse mortgage, but she would have to sign off on it because a default would affect her interest.

 

But, if your mother is not mentally competent to execute a legal document, you would have to sign it as her POA.

 

 

Customer: replied 6 years ago.
how much money is he entitled ,for taking care of mama?
Expert:  Roger replied 6 years ago.

Legally, nothing unless your mother agreed to pay him or if you and your siblings agree. He can't just arbitrarily pick an amount or keep the full amount of her money.

 

 

Customer: replied 6 years ago.
how much is this service for 1 month?
Expert:  Roger replied 6 years ago.

I am an attorney, and I don't handle any administrative matters - I just answer questions.

 

I'm not trying to be evasive, I simply don't know.

 

The way my end works is that if you accept my question, I receive 1/2 of the value of the question - in this case, that means I'd get $14.

 

Anything past that is outside of my knowledge.

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