A: A POA cannot prevent other siblings from seeing their parents. If they do so, then they could face legal repercussions. If your sibling is preventing you from seeing your parent, then you should contact a lawyer to discuss your legal options.
You can contact the adult protective services governmental agency in your area, explain the situation and inquire about an investigation. Usually, government agencies will send someone to a parent's home to interview him or her. If possible, ask to go along with them.
The six strategies for protecting elderly parents' assets are start early, spot warning signs, gather documents, request access to their accounts, get a view of their finances, and take care of legal documents.
Probate problems with siblings can take many forms.
Perhaps a sibling, who is serving as your parent's attorney-in-fact, is misusing their authority to withdraw funds from your parent's bank account. Perhaps a sibling manipulated your sick parent into signing a trust amendment from their deathbed that disinherited you.
No one “takes” assets from the patient; the nursing home simply requires payment for its services if the patient intends to reside in the nursing home.
In California, filial responsibility laws could obligate an adult child to financially support their infirm or indigent parent. Learn about how this duty of filial responsibility applies to estate and trust litigation by reading our in-depth analysis of California Family Code section 4400.
The child who becomes the caregiver may have the best relationship with aging parents or may live far away with another sibling who lives closest, taking on caregiving responsibilities. Adult children move away from a parent's home city to attend college, take advantage of a career opportunity, or change scenery.
If the principal wants to see the visitor, the POA cannot interfere. If the principal lacks mental capacity, the POA (a/k/a the attorney-in-fact) may control most aspects of life. However, restricting access to friends and family is not normally done unless necessary to protect the principal.
In some families, it may be obvious who the Power of Attorney role should go to. It may be the oldest child, or it may be the child who lives closest, has a business mind, and understands the intimate details of the lives of the parents.
Is your eldest child your next of kin? When it comes to inheritance, all of your biological and adopted children are considered your next of kin — not just your eldest child. This means if you die intestate and your children are first in the line of succession, they'll each inherit an equal share of your estate.
Options for Resolution. You should always try to resolve things within the family first, but if this isn't working, you need to contact a probate attorney or a mediator to help you come to an agreement. Another option is to simply liquidate all the assets and split the proceeds equally among the siblings.
The states that have such laws on the books are Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, ...
The best thing you can do is continue encouraging them to create an estate plan so all their assets are safely managed. A good estate plan will include a Durable Power of Attorney and a Medical Power of Attorney, so you'll be in a better position to help if they do become a target of fraud.
If you have existing unpaid medical bills, and go into a nursing home and receive Medicaid, the program may allow you to use some or all of your current monthly income to pay the old bills, rather than just to be paid over to the nursing home, providing you still owe these old medical bills and you meet a few other ...
The nursing home must have a system that ensures full accounting for your funds and can't combine your funds with the nursing home's funds. The nursing home must protect your funds from any loss by providing an acceptable protection, such as buying a surety bond.
Can Medicare take your home to cover nursing home expenses? Medicare can't take your home and doesn't cover nursing home room and board. However, a Medicaid lien can be placed on your home, and they can sell it once you pass to recover the funds.
The monthly average for a semi-private room in a nursing home is $7,908, while a private room will cost seniors $9,034. This means Social Security benefits, on average, would only cover about 21% of nursing costs for seniors who opt for a shared room and roughly 18% for those in a solo space.
Using a non-sibling executor or trustee for the estate can also help keep the peace. A third party who does not stand to gain from any decisions regarding property distributions may be a good idea, particularly if a parent believes there could be sibling disputes after they die.
Most states go by the same ladder of potential inheritors – surviving spouse at the top, then kids, then grandkids, then parents, grandparents, siblings, nephews or nieces. If absolutely no legitimate heir can be found, then the assets become property of the deceased's state of residence.