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Loren, Attorney
Category: Legal
Satisfied Customers: 28529
Experience:  30 years experience representing clients.
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For my father. He had been living with my sister for last 5

Customer Question

I am DPOA for my father. He had been living with my sister for last 5 years and she collected 1200.00 a month. Now dad is in a private home and my sister wants to sue me. She and I agreed to not keep records of what we needed. What should I do
Submitted: 5 days ago.
Category: Legal
Expert:  Loren replied 5 days ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 5 days ago.
What is her claim against you? Is she suing you personally, or as the attorney in fact for your father?
Customer: replied 5 days ago.
Thank you. My sister is now living with her daughter and they want to say I cashed stocks for me. They are suing me as DPOA
Expert:  Loren replied 5 days ago.
Is your father legally competent? Is he alleging any impropriety on your part? How does your sister have standing to sue on behalf of your father? Is he participating in the claim?
Expert:  Loren replied 5 days ago.
Are you still online with me?
Customer: replied 5 days ago.
They have taken over guardianship and dad is not involved. Thank you for your kindness
Expert:  Loren replied 5 days ago.
You are very welcome. Thank you for the additional information.
As a general rule, they could not sue you in another state because that state's courts do not have personal jurisdiction over you, but you would still want to retain local counsel there to, at least, file a special appearance for the purpose of challenging jurisdiction and getting the complaint dismissed. Otherwise, you run the risk of a default judgment.
Expert:  Loren replied 5 days ago.
Unfortunately, you can not really agree to not keep records when you have a POA. You have a fiduciary duty under that power and record keeping is legally required to comply with your fiduciary duty.
So, I would strongly suggest you reconstruct a ledger as best you can to show the expenses and income which you administered on your father's behalf.
Expert:  Loren replied 5 days ago.
If the complaint moves forward, either in your sister's state or yours, you will need to retain local counsel to defend you from liability, as you do have exposure if you can not support your POA actions with any records. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise: is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.
Expert:  Loren replied 5 days ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 5 days ago.
Did you have further questions? Have I answered your question?
Expert:  Loren replied 5 days ago.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.
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Thank you!
Expert:  Loren replied 5 days ago.

Did you have any further questions before you rate my service to you?

Customer: replied 1 day ago.
Loren has been very kind and polite with his answers. He told me what I asked and was to the point. I would recommend him to anyone looking for legal advise.
Expert:  Loren replied 1 day ago.
Thank you. I am glad I could be of assistance.
Please remember click the 5 stars on this page, and then click submit to enter the rating. Thanks again.

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