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I made my sister and I durable POA's when my brother came to…

Customer Question
I made my sister...

I made my sister and I durable POA's when my brother came to live with me in 2011 because he had dementia.. During that time she paid me out of his disabily check for 7 years.. Now that I have put him in the VA long term care, she has cut me off from his bank account.. Is this legal?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

In KY, just durable POA notorized statement, but she is on the account and I am not, but now I cannot see what is going on with his money which the paper clearly states, we both have to approve any spending .. But I can't do that now..

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

No, went to his bank but they were no help.. They told me to go see a lawyer and become his guardian.. Isn't that what a POA is?

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

I know she sent $2500.00 to my granddaughter without my knowledge..

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
1/5/2018
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
I'll wait.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, thanks so much for your patience. I'm sorry to hear about your situation. So, if I understand correctly, you said that you were being paid. Does that mean that you were being paid as part of your duties as being power of attorney? And you're saying that your sister stopped paying you unexpectedly, correct?

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Customer reply replied 7 months ago
correct.. after 7 years.. After I had to quit my job at Kroger and take care of him 24/7... For $1800. a month.. which breaks down to 2.33 an hour for a twelve hour shift.. Lost my 401k, benefits, etc..
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see what you mean. If this is the case, then your sister is likely violating the act that requires that a power of attorney act as a fiduciary to all of the people involved. This means that she is not spending the money as she is supposed to, and that arguably includes paying you.

If you had a contractual agreement, then that is another story.

This appears to be a classic breach of contract because she agreed to pay you the money from the estate. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

You could bring both causes of action (breach of financial duties and breach of contract) in court if you needed to.

What other questions did you have for me today that I can help you out with:-)?

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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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