Legal Question in Elder Law in Pennsylvania
I am caring for an elder couple 4 years ago they made will and named me executor and power of attorney and named myself another friend and their church as equal in estate its small around 300000 however since then I have been giving them care driving them now they don't drive taking them to drs and grocery and hair or eye appts its become about 3 days each week I live about 30 miles one way from them so this has become a huge expense for me as well as time consuming of course the other friend does nothing and the church of course does nothing either my question is how can I recoop some of this expense when the estate is settled I don't think its fair for me to expend all this time and money and the other parties get equal shares ?????
1 Answer from Attorneys
Why do you have to wait until these folks die? If you have power of attorney, what does it say about compensating you and paying your reasonable expenses? I think its totally appropriate if the power of attorney permits that you receive reimbursement for your gas expenses. Or, you can use the power of attorney to hire someone to transport them to and from their appointments. You will pay for that out of their assets.
You need to keep good records that account for every penny you spend on their behalf.
Why do the church and other friend have to do anything? Making someone a beneficiary in a will does not obligate the beneficiary to do anything at all. Most beneficiaries don't even know they are beneficiaries. I see no obligation by the church or friend to do anything.
But you have the power of attorney. I suggest that you take it to the attorney who drafted it or to an elder care or estate planning attorney and have them review it and explain to you your responsibilities and entitlement to compensation or reimbursement for expenses or ability to hire other professionals.
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