Legal Question in Wills and Trusts in New Jersey

You should take action now, do not wait. You need some expert legal advice.

an options that you want to consider: ask the Court to appoint you as guardian for your mother.

Also, review her Will to understand what will happen after she passes on.

An accounting can be gotten as part of the guardianship proceeding.

If you do nothing, then there will be no accounting. You have to take action.

I can help you with this. And I will tell you up front what it will cost to do this for you.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

I would suggest you hire an attorney to assist you.

It would be helpful if you were able to get your brother to cooperate with you and at a minimum let you visit your mother [I don't understand what's happening between the two of you, but I assume something unusual is going on here]. Failing that, I would suggest that you file an action in court demading that he account for his actions and finances as attorney-in-fact for your mother. An application for guardianship is another possibility, as suggested above, but with you and your brother fighting, you may end up with an independent guardian [possibly not a bad outcome].

I agree that it is probable that some type of litigation is necessary now, both to get information regarding your mother and her location, as well as an accounting for the actions of your brother as POA. As POA he has a fiduciary duty to handle her financial affairs in her best interest, and can be surcharged if he acts improperly. Does your mother have a durable Medical Health Directive and Health Care Proxy (Living Will)? If so, who fills this position, which is limited to health questions and directions while your mother is incapacitated? If there is none, you might include this is an action to be appointed Guardian, if you desire. I should caution you that any litigation involving these issues can be costly and time-consuming. The threat of such litigation might cause your brother to be more communicative and open about what is going on. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.