Elder Care Atty. representing Family and not disclosing to other family members
My husband and I are concerned about his grandparents.
His Aunt thru marriage (uncle's wife) is representing the grandparents and transacting their business including the sale of their home herself. The grandparents have moved into an senior living place and she is selling the house herself. We are afraid that she has other motives in mind and may be financially taking advantage of the grandparents. She has made herself the
POA of them both, they totally trust her but I really don't think they know what's going on or that she has an agenda in mind. She does not disclose to the other siblings what she is doing, how much the house is selling for, bank acct. info. What can WE DO! Can we get the g'parents to ''fire'' her and hire another Elder Care atty.? There are two siblings, she tells the other sibling that he will never see a dime! We really don't care about getting their money, however we feel she may be ripping them off.
Is it legally possible that such family member can do all of these things while being an elder care atty. herself?
Is that a breach of representation?
PLEASE HELP. Thanks so much for your time.
1 Answer from Attorneys
Re: Elder Care Atty. representing Family and not disclosing to other family members
If you have concern about legal representation then you should contact an attorney for a review.
A POA provides for doing things for another during life. It is not effective to transact after death. This being said it is whether the POA is being effected as the bestower intends. Elder law planning has many aspects of decision.
The fact that the holder of the POA is an attorney then means that it will be held to scrutiny. But again this will be based upon the intentions of the elder person(s).
Contact an attorney to discuss your matter.
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