Legal Question in Wills and Trusts in California
My mom(throat cancer) and dad (lung cancer) both have terminal cancer, I am their son (live out of state)taking care of them (24hrs) here in San Diego in their home. I have an older sister(lives in San Diego) and younger brother (lives out of state). I have taken off work to care for them until the end of the month. My sister then will help take care and also a caregiver will help 3 days a week. We also have Hospice helping(nurse twice a week) and Hospice helping with bathing. My parents have a Living Trust( sister, brother and myself each are equal beneficiaries, 33 1/3%). My sister is the trustee after my Mom and/or Dad both are deceased. They have approx. 3-6 months left ? I am concerned since my sister and I have a strained relationship that she has repeatedly talked to my mom and dad about getiing power of attorney authorization to handle the bills and finances as son as possible. My mom is not in a rush but it is being brought uo continously because my sister says that they can go any time. She has also explained to my mom and dad that she has to continue working at least part time at her job( Job locator) to keep her benefits and that her husbands job has been slow( Roofing Contractor). I am nervous for my parents that when she gets power of attorney that she will utilize their funds any way she sees fit.
My question is can she do this and what should I do besides getting an attorney to protect my interests.
1 Answer from Attorneys
Your parents should look into springing powers of attorney. That is a power of attorney that "springs" into effect upon the happening of some event, usually the incapacity of the principal. The benefit of that arrangement is that the principal does not have to give the attorney in fact any authority while the principal is still capable of handling his or her own affairs, but once the principal becomes incapable of handling things, the power of attorney takes effect and their affairs can be managed for them.
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