My brother has cared for my parent for three years, they are 90 years old. He is the executor for them and has spent approximately $100,000 and plans to charge the estate more money. I do not know if he has power of attorney as he will not let me see the will or tell me who the attorney is. Is this legal?
May I ask what are the medical issues of your 90 year old parents? Do they still live in their house? Does your brother live with them or has he hired private caregivers to help out. It's tough for one person to take care of two very elderly parents. Or are your parents living in a senior facility?
My Dad had around the clock professional caregivers [3 shifts] which would have cost him $240k for one year, and that is just for one person.
Power of Attorney and Wills are two separate documents. Thus, a POA would not be mentioned in a Will as a POA is no longer valid once a person passes. Once a person passes then whomever is the Executor takes over [it can be the same person as the POA]. There is no law requiring the Power of Attorney to show you the Will.
Note to Countrymouse, yes I did write in for my father-in law but now for my parents .
But if it’s looking like dad or mom will run out of $ & be applying for Medicaid there could be issues as to how your bro, as DPOA, structured the 100k paid over time. I’d personally have it so that he is the absolute point person for everything financial for them so he deals with NH bills, Medicaid applications and renewals and any transfer penalty/ gifting issues should they arise.
His being named executor only comes into play after their deaths. It could well be that if they don’t own a home there will be NO ESTATE for bro to be executor of as all $ has been spent for living and care in a facility.
See All Answers