Legal Question in Wills and Trusts in Florida
Reimbursement for expenditures as Power of Attorney
Over 20 months as health care surrogate and power of attorney it was necessary for me to make many trips to Florida to oversee many things for the care of my mom who was confined to a hospital bed and was in need of 24 hour a day care in her home. Many times she told me to reimburse myself, but because I feared her money would be depleted. My first priority of course was to insure she had the funds to outlast her. No one else from the family stepped up to the plate to help. Now that she has passed, am I entitled to go back and bill the estate for some of these trips?
2 Answers from Attorneys
Re: Reimbursement for expenditures as Power of Attorney
I agree with Norman, but add the following. What does the POA say about fees or reimbursement, if anything? I presume it is silent. If not, you can easily seek reimbursement. I would also suggest you check FL law on reimbursement of holders of POAs on costs incurred to carry out the POA. You may find out that your bills could be paid by her estate. I suggest you submit a bill to the estate and if it is challenged, apply to the Surrogate's Court and let them rule on the issue.
Re: Reimbursement for expenditures as Power of Attorney
You can bill the estate for all of the expenses incurred which were necessary for the care of your mother.
The other parties interested in the estate may object for at least two reasons: 1. your expenditures were not necessary and 2. you acted as a volunteer.
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