Craig Reaves, past president of the National Academy of Elder Law Attorneys, practices elder law in Kansas City, Mo., and fields occasional questions from New Old Age readers. Submit yours to newoldage@nytimes.com. Please limit your queries to general legal issues, as Mr. Reaves cannot respond with individualized legal advice. Questions have been edited and condensed.
After my mother died in 2006, my father’s doctor said he shouldn’t be left alone. Apparently Mom had been covering for him. I’d visited seven weeks earlier and had not recognized how advanced his dementia had become.
Their will, stored in a safe, indicated that two of my sisters should manage things if both parents died. So the family — eight siblings in all — agreed that these two should have legal authority. They were added to financial accounts and given power of attorney. No one was in a position to care for my father, so he moved into a care facility, first in Florida, now in Michigan. He’s in relatively good health at age 80, cheerful on most days. He still knows me.
We siblings have had some squabbles regarding the sale of my parents’ house and other issues. Their estate was not large, probably under $350,000; given my father’s condition, it was always a concern whether he could pay for the care he needed.
I’ve requested, from both sisters who are managing things, some kind of statement as to exactly what Dad’s financial status is. These requests have fallen on deaf ears at times and been met with fury at other times. One sister, who’s slightly more forthcoming, recently told me that Dad has about 18 months of long-term care insurance coverage remaining. After that, he has enough money for probably another 18 months’ care.
Do I have any way to compel my sisters to share what I believe they already should have? Friends have warned that their secrecy in itself could mean unethical goings-on. I’m worried that in three years, they’ll ask me for a significant contribution — even greater than a one-eighth share, because some siblings can’t afford to help at all. That would present a wrenching quandary; I’ve accumulated much less myself than the $350,000 Dad started with. He may yet live a good long while, and I’d like to find a way to help my family avoid becoming more anxious about money as time goes on.
Gina
Phoenix
Unfortunately, this is not an unusual story. I strongly suggest that you contact an elder law attorney in the state where your father resides. Every state has its own statutes governing durable powers of attorney, and they can be very different. Whether an attorney-in-fact — meaning the person appointed by the power-of-attorney document to act on another’s behalf — has a duty to keep other heirs and siblings informed will depend on how the document is worded, the applicable state law and the facts of the situation.
Generally, though, the attorney-in-fact owes a fiduciary obligation to the principal (your father, in this case), not his heirs (the rest of the family). Unless the law or the document requires disclosure, an attorney-in-fact is usually not required to share any details with the heirs. She may even be prohibited from doing so.
There may be extenuating circumstances in this case, though, since all the children at one point apparently agreed to contribute time and effort to help their father. Moreover, I’m unsure what you mean when you say that your sisters were added to your father’s financial accounts. It may make a difference whether their names were only added as agents for your father or as joint owners of the accounts.
If directly approaching the attorneys-in-fact brings no satisfaction, and especially if you’re concerned that your sisters may be taking advantage of your father, you can petition the probate court in his county to appoint a guardian or conservator for him.
That not only will provide court oversight but will give you and your siblings access to your father’s financial information. And it will provide a forum in which you can air grievances about your father’s situation. The court will make sure that your father won’t be taken advantage of.
This can be an expensive solution, though, and it is probably a last resort. Perhaps the mere threat of going to court will convince your sisters to be more forthcoming about what they’re doing.
By the way, if your father runs out of money for his long-term care, he should qualify for Medicaid assistance. It generally won’t become his children’s responsibility to pay for his care themselves.
My ex-husband died five months after we divorced. My minor children are his sole heirs. All the accounts and assets were probated, and I was made legal representative. Now my ex-father-in-law is suing the estate for $2,800 in “loans” he made to his son when my ex’s business was slow in 2010.
What proof does he need to provide to demonstrate that this was not just a gift? He may just be trying to hurt me. I’m not sure he realizes, at age 85, that this money would be coming from his grandchildren, not from me.
Dawn
Davie, Fla.
The answer to this question will vary by state, so I suggest that you contact the lawyer who represented you in the probate or an elder law attorney in your community. But generally speaking, if the probate has closed and the decedent’s father knew of the probate, he should be barred from suing to collect on an alleged loan.
If the probate is still under way, the father can file a claim with the court. If the personal representative — that’s you — disputes this supposed loan, the court will schedule a hearing and your former father-in-law will have the burden of proving that this sum was a loan. Normally, that would require a promissory note signed by his son. If he can’t prove that this was a loan, then he can’t collect.
http://tourism9.com/ http://vkins.com/
没有评论:
发表评论