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HOW ARE YOU. i HAVE A BROTHER THAT IS WHEELCHAIR BOUND. TWO…

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HI HOW ARE YOU...

HI HOW ARE YOU. i HAVE A BROTHER THAT IS WHEELCHAIR BOUND. TWO YEARS AGO HE FELL CRACKING HIS SKULL. tHAT IS HOW HE BECAME THIS WAY. MY BROTHER HAVE 7 SIBLINGS. HIS DAUGTHER WITHOUT US KNOWING BECAME HIS POWER OF ATTORNEY WITHOUT US KNOWING. hE IS BEING ABUSED AND SO ON. i ASKED MY NEICE MANY TIMES TO TURN HIM OVER TO ME. SHE REFUSE TOO. sHE GETS HIS MONEY AND SPEND IT ON HER. ME AND MY FAMILY IS DOING EVERTHING FOR HIM WHAT CAN I DO TO GET HIM. SHE IS TRIED OF HIM NOW AND WANTS TO PUT HIM IN A NURSING HOME HIS SIBLINGS DONT WANT THAT. WHAT CAN WE DO.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

BALTIMORE, MARYLAND

Lawyer's Assistant: Has anything been filed or reported?

WE HAVE CALLED AND TALKED TO SOCIAL SECURITY ABOUT HIS MONEY AND THEY SAID THAT THEY WERE VERY AWARE OF MONEY BEING SPEND. AND THAT THEY WILL PUT A STOP ON HIS MONEY AS OF NEXT MONTH. NOT REALLY THATS WHY I AM ASKING FOR HELP.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

YES HE HAVE BEEN BURNED AND ABUSED IN MANY WAYS, WE ARE AFRAID OF LOSING HIM. IT SEEMS THAT OUR TIME IS RUNNING OUT.

Submitted: 10 months ago.Category: Legal
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Answered in 1 minute by:
9/28/2017
Lawyer: P. Simmons, Attorney replied 10 months ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,706
Experience: 16 yrs. of trial experience
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: P. Simmons, Attorney replied 10 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking how to overcome the daughter's power of attorney?

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Lawyer: P. Simmons, Attorney replied 10 months ago

Thank you
A person who acts as "agent" for another, via a power of attorney, has what is called a "fiduciary duty" to the person who gives the power of attorney.

So the daughter has this fiduciary duty to your brother.

The fiduciary duty requires that the agent place the interest of the person giving the power of attorney above their own interests.

What you are describing? The daughter is clearly in breach of her fiduciary duty.

If you bring this to court? I would expect that the court will void the power of attorney and appoint someone as your brother guardian.

Now...you will need to hire a local attorney, one with experience in adult guardianship, to bring this case to court. But if you do, I expect the court will act to protect your brother.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Lawyer: P. Simmons, Attorney replied 10 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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