This is a serious question regarding being power of attorney. Recently, my neighbour passed away. My mother took care of him during his illness with Dementia since 2001 while his real family didn’t want to have anything to do with him. My mother was power of attorney while this man was alive. Before he was sent into a nursing home, my mother took care of this man. She drove him to all his medical appointments, cooked all his meals, chased him around town so he wouldn’t get into trouble, pulled him out of bars, lost vacation time at work to take care of him and maintained his house before he fell seriously ill. When he was diagnosed with Dementia, she went through the whole process of getting him in a nursing home and she had to purchase a cell phone because she was on call 24/7 for his needs. The time that it took to care for him took away from her full-time position and her family.
I understand that the power of attorney ends at the time of death. My mom arranged the funeral, contacted family and the estate has been left to his niece on his wife’s side of the family. Is there a law that my mother should be awarded 5% of the estate? She was next of kin on the death certificate.
The niece is threatening to take my mother to court due to extra withdrawals that were made from his account while he was alive. The moneys were used for car maintenance, gas and holidays which she had to book for emergencies for him.
The niece in question had rarely visited him while he was residing in a retirement home and at the nursing home. Does my mother have any rights in this matter?
Legal Question Regarding Being Power Of Attorney?
Legal Question Regarding Being Power Of Attorney?
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The NIECE is the beneficiary of the Estate. As long as your mother can prove (receipts, notes, calendar, etc.) that the transactions during this man’s life were for HIS benefit, there isn’t anything the niece can do. But there isn’t any “law” that says that your mother should get 5% of the Estate. She should of billed him, while he was alive, for the caretaking – it doesn’t sound like anything can be done now, after his death. It’s unfortunate – but it actually happens quite often.
If you still have doubts and/or the niece is becoming increasingly threatening, you may want to consult an attorney.<<<<<<<<<<<
THE best way to find a lawyer is by word of mouth. Ask your: family, friends, coworkers, anyone you might know in the same situation, etc.
OR
Call your local (usually county) bar association. Ask for names of attorneys that handle Estate Law. (If money is a BIG problem, you could also ask for the phone number of your local LegalAid office. – the attorneys at LegalAid are “real” attorneys, but sometimes in the field of Law, how much you are willing to pay does affect the quality you get.)
When you call the law office(s), insist on speaking with the Lawyer. Do not tell all the little details of your matter to the Secretary – save the details for the Attorney. When you get the Lawyer on the phone line, ask him/her:
-Do they give FREE, initial consultations? (most do, but not all – you have to ask, don’t assume)
- How much do they charge?
- Could you make payments on your account?
-Can they help you? OR Refer you to someone who can help you?
Good luck.
(This is based on my knowledge, information, belief, and life experiences. This was intended as personal opinion, and not intended to be used as legal advice. Seeking advice over the Internet is not a good idea – the field of Law is too complex for that. Please be careful and do your research.)
almost nothing in your question matters.
the niece gets the whole thing. your mom should bill the estate for any expenses she incurred on this man’s behalf that were not reimbursed.
The niece is a sleaze. But legally if the estate was left to her, then it’s hers and she doesn’t owe your mom a share of it. If your mom has receipts for things that were spent on his behalf but not reimbursed, like after his death, she should submit them for reimbursement.
I hope she has receipts for any large expenditures taken out of his accounts. If she doesn’t, she should sit down and list everything she can remember. If the niece DOES take her to court, she’ll need to show that the money taken from his accounts was spent on his behalf.