Do you deal with...
Do you deal with estate issues in Nova Scotia, Canada?
Lawyer's Assistant: What documents or supporting evidence do you have?
I am Power of Attorney for my Dad and executor of his will. I was also Power of Attorney for my Mom until my brother pulled a fast one 2 years ago and 'made himself' POA for my Mom about 2 weeks before she was declared mentally incompetent to make any other decision aside from changing her POA. Both of my parents are mentally incompetent. My Dad has end stage Alz, my Mom dementia. I had been taking care of most everything for my parents including care, financial, house matters, etc, etc from 2011 when my Dad became ill until 2014 ... my brother who basically hadn't done much of anything for the majority of time between 2011 - 2014. My brother stepped in about 2 years ago ( after refusing to help me with all of the care, etc) ( he lives in LA and has not been part of my life since a teenager. He basically accused me of 'abusing' my mother and disseminated false accusations in an effort to force me out of my MOm's home ( even though I was taking care of her and everything my parents needed, including physical care, Dr's appts, etc....) But, my Mom was already showing significant signs of dementia and her emotional lability and fear was expressed to my brother and he used that to force me out of the house falsely. That was 2 years ago. I was horrified and I did not ever do anything that could harm my mother. I spoke with my Mom, sister and bother in law about these false allegations and have my Mom on tape staunchly denying any such thing. My sister and brother in law were also horrified that my brother could do such a thing. He refused to retract his claims against me that he disseminated to my MOm's Dr, health authorities... or apologize to me. I retained a lawyer at that time who said it wasn't slander and nothing else transpired. As I said, I have been the one child out of 3 who has taken a serious financial, emotional and personal hit for caring for my parents for 90% of the last 5 out of 8 years. I lost about 4 years of work, lost pension time, lost seniority time, expenses, etc....moved across the country from my home in Vancouver twice, suffered great financial loss to care for my parents needs. I went back to Vancouver in 2014 to resume my job as a Neonatal Intensive Care Nurse. After I left, and after my brother made himself POA for my Mom, and refused to compensate me for my expenses, he paid a private caregiver 75K in the last year for her care! Now she is in a long term care facility. I, over the last 8 years had been taking care of the finances as well, and just through diligent work to claim all of the tax benefits my parents qualified for and for my diligence in taking care of the financial matters, I brought my parents bank account from 10 K to over 100 k. Also, I was able to prove before the US DVA that my father was eligible for compensation for his exposure to Agent Orange. Now that there is some $ in the bank as a result of all of my hard work ( I spent 2 years alone on the DVA submission), my brother is trying to exert control. He previously had put his name on my parents' bank account and refuses to allow me to put my name on it. SO, he is listed as a joint account holder with my parents. This was done many years ago. Now that my parents are in a long term care facility, my parents' house is empty and a decision needs to be made with regard to how it will be handled. My father and mother have joint names on it. And presently, I am POA for my Dad who lost competence first, and as mentioned, my bother is now presently, POA for my Mom.
Lawyer's Assistant: What's the full extent of the incapacity? Have there been any expert medical opinions?
I would like to know how to best handle the sale of the house in a way that I can get some return for all of my sacrifice. My Dad is fully incompetent and yes, it is medically substantiated. My mother is also fully incapacitated. However, the manner in which my brother made himself POA for my Mom was very suspicious because the Dr basically wrote that she was incompetent in making personal decisions around her care but not concerning her finances. Which is a load of baloney. But anyway, that is where we are now. I am POA for my Dad and my brother is POA for my Mom and I have a sister who suffers from anxiety and so hasn't done her share either.
Lawyer's Assistant: The Family Lawyer will be able to walk you through that. Was an advanced directive or living will signed before the incapacity?
Yes, the Will only specifies what happens with the house, not the bank account really. It basically states that everything is to be divided 3 ways except that I get first 'dibs' to put an offer on the house.... However, this was well before my parents could have guessed that only one child would have been doing all of the work and financial cost.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
According to the US gov't, I am my father's representative payee. I am waiting for the DVA to contact me in order to process the paperwork for my Dad's rep in their eyes. Basically, the compensation for my Dad is now at 5000/month which will continue until he passes, and if it is from a heart attack, it will continue for my Mom. So, apart from the sale of the house, there remains a question around the compensation $ that my siblings had nothing to do with. Also, the cost of the long term care facility is based on income. However, it is not necessary for the $ for long term care to come from the sale of the house because the cost of long term care will come from my Dad and MOm's income. SO, really what remains is a dispute between the siblings as to how I will be compensated for my lost income and financial sacrifice, if not by the house, then perhaps by the compensation amount, which legally, I have no idea how this can transpire.