Legal Question in Wills and Trusts in New Jersey
Power of attorney
My sister has power of attorney and health power for my Dad who has a brain disease. I have found out now that she gerts his present house in his will, and also his expensive cars sold for $1 to her.
She is now spending his money
to decorate his house.
How much can she legally do with his property and assets before he dies?
Could I have her audited to make sure she doesn't mispresent him?
Thanks, Steve
1 Answer from Attorneys
Re: Power of attorney
As attorney-in-fact for your father, your sister is acting as a fiduciary. Any payments she makes with your father's money must be justified and for his benefit, not hers.
If she knows she's getting the house under the will and is spending funds on things she would otherwise not have done until she owned it (e.g. additions or decorating that is not something your father needs or would have done) then she may have some explaining to do. As a beneficiary, you could compel her to file an accounting for the period she acted under the power of attorney and if the expenses were improper, a court could rule in your favor.
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