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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13905
Experience:  Experienced in multiple areas of the law.
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My wife has financial POA for her 93 year old Uncle. The

Customer Question

Hi, my wife has financial POA for her 93 year old Uncle. The Uncle's Brother will be the executor of his Brother's Estate and lone recipiant of his money upon his Brother's passing. The Uncle has been given aprox 4-6 weeks to live. His Brother has done nothing to promote the well being of his Brother. His interest is monetary only. The Uncle is a huge lover of small animals. Can my wife make a large donation from the Uncle's remaining money? We hate to see the Brother be rewarded for his Brother's passing. If my wife ask her Uncle if he would like to make a large donation would the Uncle's Brother have any course for Civil action? The Uncle has not been declared incompetent.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Illinois. The will which the Uncle signed that his Brother had done about ten years ago. Right now my wife is financial POA and a cousin is medical POA
JA: Has anything been filed or reported?
Customer: Only the POA's which have been in effect for aprox three years now
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Legal
Expert:  RobertJDFL replied 5 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 5 months ago.

Good morning,

While an agent named under a Power of Attorney is often granted broad authority under a POA (which may include the right to give to charity), they also have a fiduciary duty to the person who they are acting for as agent. That is, they have to act in the principal's best interest. It is hard to see, in my professional opinion, how giving away a large chunk of his money -even if to charity - is in his best interest.

I wouldn't even put the suggestion in her uncle's head about giving money away. I understand that she may not agree with the decision to give the uncle's brother his estate, but those are his wishes, for reasons best known to him. Even competent, I think making that donation could open up your wife to accusations -and possible litigation - that she coerced or pressured her uncle into doing something he didn't want to do, during the final weeks of his life.

Expert:  RobertJDFL replied 5 months ago.

Was there anything I could clarify for your about my response, or some additional information you needed?

If you need clarification or additional information, please REPLY and I'll be happy to help further. Otherwise, please remember to leave a positive rating by clicking on the stars so I am credited for my time and assistance. This costs you nothing extra.​ Thank you!