Legal Question in Civil Litigation in Maryland

I am seeking advice due to how my extended family may be using my grandmother's assets. My Grandmother lives in her home which is fully owned and has some liquid assets. My one uncle has power of attny over everything. He and his children come to do odd jobs and sit with her or spend time, bring food etc. I believe he is paying them, maybe too much to drain the accounts and then send her to a home. Knowing at that point the house would be taken and given to the nursing home and be on medicade/medicare etc. I am in her will as a beneficiary along with another uncle and aunt. My question is I know there is laws I beleive against a heir taking control or wasting money before a person dies. Abusing control and the person's assets. I believe my "uncle feels he hasn't gotten his fair share" so he is taking extra while he can while the rest of the family turns a blind eye and doesn't want to deal with it. The money that i would eventually inherit is minimal, it is really the idea that this is being done improperly in my eyes and really to spite others. When this all shakes out, myself as an heir can say "where is the accounting", correct? He does have power of attorney. And i know his excuse is, hey "we are paying family (his kids) to take care of her, and that is much less if we paid a Professional", hence extending her time she has money to live on her own and not in a home. I feel so bad for my grandmother, i dont live close and only the vultures live near and are taking over. They have been for years. She is old and doesn't need the stress of family fights, it is a sad and common story. I know what is going on is to an extend unethical because this uncle has a history of shady actions. What is the law in this situation if it goes that far?


Asked on 12/20/12, 8:57 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your uncle has a fiduciary duty to use your grandmother's assets strictly for her benefit. The problem is that the power of attorney probably gives him wide latitude on how to do this. As long as he has your grandmother's trust, it will be extremely difficult to get in his way unless she has dementia and is therefore unable to make an informed decision. It's possible for someone else in the family to file a petition for guardianship over your grandmother's assets which, if successful, would supersede the power of attorney. But this is complicated and expensive court procedure and would require you to get statements from 2 health care providers familiar with her that verify that she is unable to take care of her own affairs just for starters.

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Answered on 12/20/12, 10:03 am


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