Legal Question in Wills and Trusts in California
Health care agent
I have been appointed health care agent by durable power of atty .My father is living with my sister in canada ,i was never informed of this until months after he was moved when he became ill and never was told he made me his health care agent i am also the only beneficiary of my other 4 siblings. My younger brother has gotten control of his finances and a copy of the will and now they all know whats in the will i didn't even know until i talked to the lawyer who made the will for my dad. I want to know if any one can be held accountable for handling his funds, because i heard them talk about setting up a bank acct in canada and they also receive his S.S and my sister receives this plus 1500 a month to care for him.
2 Answers from Attorneys
Re: Health care agent
Your health care power is not of much practical use without the cooperation of the person who has the financial control power. If you cannot create cooperation with the othe rmembers of your family your only recourse would be a conservatorship where a disinterested third party gets control of both the money and the health care. These family problems are very severe and I always advise people to grow up fast. Your father's well being and your financial future depend on your cooperating with your family members even if they are demonized jackals. If you force the issue into a conservatorship and win, the conservator will charge the estate $10,000 a year for fees. If you lose, you could easily end up with a restraining order against you. Believe me, I have been there. Grow up, learn to control your emotions, play the secret agent and BE NICE to the demons. You will emerge, healthy, wealthy and wise. Good luck.
Re: Health care agent
If you suspect "foul play", you should definitely consult with an attorney ASAP to help remedy the situation and/or mitigate any pre-existing damages that have occurred to date. For a free consultation, contact us directly hereafter.
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