Legal Question in Elder Law in New York

I spent some of the proceeds of her co-op sale on myself as poa for my mother with her permission. Medicaid was going to take all of it but I moved her into a $6000 assisted living facility for 2000 because I knew someone. I was the only sibling out of 4 helping her and because I got her in there and because I helped her with everything she told me i could share the money for my rent, etc. as she knew I had no steady income I took her to Dr's and visited several times a week for 3 years. I spent approx 14k of 35k on me by writing cks to myself. She passed away in Dec and now my brother as executor is accusing me of theft. He didn't visit her for 3 years and was aware of the money situation 3years ago when it happened and did nothing. What can he do to me now? I am in NY. Thank you.


Asked on 2/06/16, 10:11 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Well this can really be a big mess for everyone all right and there are so many things that can possibly happen it's too much to explain here. You will need to figure out a compromise before this gets out of hand and takes years to settle. Figure out how much of mom's money went to pay for your personal expenses and deduct that from your share of the inheritance. As mom's power of attorney you had a legal obligation to be extra-careful with how mom's money was spent. If you used mom's money to pay your bills that was imprudent and now I think the solution I proposed will get this situation resolved and avoid years of heartburn for everyone.

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Answered on 2/07/16, 5:46 pm


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