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I was power of attorney for my parents until their passing. My mother had to be put in a nursing hom but my dad was of his right mind so he was able to stay home. When they named me poa they said I would be paying their expenses and I could pay my bills or whatever I see fit for taking care of them. I do have a letter from my brother greg who was there and heard it. My brother Kevin has been really upset and hired a lawyer and I had to hand over all record keeping. Both lawyers said I did nothing wrong. My lawyer and his. I did have braces put on my daughter but my father told me to do it. What can my brother do now? He has hired another lawyer out of Peoria, Illinois. We live in Monmouth, Illinois. He feels it was not legal for me to pay my expenses for taking care of them.
Optional Information: Country relating to Question: United States State (if USA): Illinois Already Tried: nothing
Welcome and thank you for your question!I am very sorry to learn of your loss. Do you have a copy of the written power of attorney with you now (in front of you)?
no i don't
Thank you. XXXXX correct to understand that, at all times, your father was of sound mind and capable of making his own decisions?
yes. I am in the process of getting letters from doctors he has seen to state that.
Thank you. So long as your father was of sound mind at all times, capable of making his own decisions, then there's no problem. Your father could gift his property to you and to others, however he wanted. That would be the decision of your father.If, however, you took it upon yourself to just help yourself to your parent's property, then that would be considered to be a breach of your fiduciary duties as a POA and a judge could order you to reimburse your parent's estate of those monies. Those monies, once returned to your parents' estate would be disbursed according to your parents' wills. Your brother is exploring his options of taking you to court, have a judge declare that you breached your fiduciary duties and order that you repay the estate those monies.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
their property had to go back to the bank because my father did a reverse mortgage to keep paying on my mothers nursing home expenses. I only paid for items my father said I could. I wish i woud have had him sign a paper every time but I didn't.
I understand. I suspect that your brother is not happy that there was no money left and he's kicking up dirt because he thinks it's morally wrong that you received some stuff from your parents (while they were alive) and he didn't get anything (after they passed).What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
how can they say i breached my fudiciary duties when my father was the one that told me what i could payout. does the letter from my other brother do any good.
They are saying that because they don't believe you and because they're greedy. The letter from your brother is very helpful.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
i did all the cleaning, cooking, grocery shopping, doctor appointments, etc. and i will have to pay him? that doesn't seem fair when he did nothing. what can i do.
Right now, there's nothing for you to do. From the facts you've described, your brother is just huffing and puffing. Nothing has been filed in court; thus, there's nothing to do. Just let him huff and puff.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.