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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33763
Experience:  Began practicing law in 1992
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I had power of attorney over my mother from 2005 till her

Customer Question

I had power of attorney over my mother from 2005 till her death in 2009, the majority of her funds were used for the care facility and her medical and personal needs. when she passed there was only a small amount left over which I split with my brother .today aug. 30, 2015 my brother accused me of stealing from her and is threatening to sue me for $32,000. needless to say I did no such thing. Does he have a case
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

If you didn't do anything then he wouldn't have a case. To prove an abuse of a Power of Attorney (POA) he must prove it was something that the person wouldn't have authorized for themselves or that you somehow used the POA to benefit yourself. So long as you didn't do either of those two things then there wouldn't be any way to prove that you did so you should be safe.

Expert:  Dwayne B. replied 2 years ago.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.