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Absolutely not. He has a legal obligation to keep that money in your mother's estate. Self dealing by a fiduciary is against the law. He should be reported to the authorities ASAP. A POA grants sweeping authority over the principal's assets. A dishonest attorney-in-fact can wipe out an elderly person's assets.

If your mother lacks the capacity to monitor your brother's activity you can petition the court to be appointed her guardian. If you are appointed the guardianship will extinguish the POA. You should discuss the situation with an attorney.

Answer: This is a sad reality, but it does happen. A friend of a coworker had this happen to her mother. The father put everything in the sons' name saying he wanted the mother to have somewhere to live in case anything happened to him. Sure enough, the father dies and the son gets rid of his mom shipping her overseas to live with relatives where she died. Probably of a broken heart. Anyway, please, please, please consult an elder care attorney.

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7y ago
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18y ago

I would believe that depending on state law, that any valuables should go to whom her living will states. Regaurdless of power of attorney. An absolutely wrong answer. A living will has nothing to do with a person's assets. A power of attorney is no longer good once the person dies. I am assuming the mother is in a nursing home and the brother has sold the house. This is the only way the sale would be legal. If this is the case you need to talk to an attorney immediately. From personal experience he can and will spend all of the money leaving your mother with nothing. You need to act immediately to protect your mother. If she has passed away you need to start probate and have yourself named as executor of the estate.

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13y ago

Generally- yes, if the attorney in fact was granted the power to sell real estate and your mother is living and has directed the AIF to sell, or, if the POA is Durable and your mother is living but incapacitated.

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13y ago

No. A Power of Attorney is extinguished upon the death of the principal. The will must be submitted for allowance and the executor must be appointed by the court. If the will is proved and allowed by the court, legal title to the real estate automatically passes to the beneficiary named in the will. Once the debts of the estate have been paid the beneficiary will own the real estate free and clear of the estate.

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9y ago

As long as the power of attorney included the ability to sell the house. People like to see the specific property in such a document. You can obtain title insurance as well.

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Q: Can your brother who is power of attorney over your mother have the right to sell her home and pocket the money for himself?
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