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Loren, Attorney
Category: Legal
Satisfied Customers: 34421
Experience:  30 years experience representing clients.
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For my father. He had been living with my sister for last 5

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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
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
What is her claim against you? Is she suing you personally, or as the attorney in fact for your father?
Customer: replied 12 months 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
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?
Are you still online with me?
Customer: replied 12 months ago.
They have taken over guardianship and dad is not involved. Thank you for your kindness
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.
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.
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.
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.
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Customer: replied 11 months 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.
Thank you. I am glad I could be of assistance.
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