Legal Question in Family Law in Pennsylvania

My sister put my dad In a home she will not tell me where. She has Powe of attorney, also she is selling his house .I am his son what can I do


Asked on 1/11/16, 9:50 am

1 Answer from Attorneys

ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Thank you for your question. I am so sorry to hear what your sister is doing and also refusing to let you know where she has placed your father. She is doing a lot of harm to your father by not allowing you to see him and goodness knows what excuses she has given him for your absence If your sister will not listen to reason, I'm afraid that you will have to go to Court and ask the Judge to compel your sister to disclose the whereabouts of your father.

You should also ask the Judge to compel your sister to produce the Power of Attorney that she is acting under because your father may not have given her the power to sell his house. Even if your dad gave her that power, she would have to use the proceeds of the sale for the benefit of your father. She would not be able to appropriate the proceeds of the sale to her own use and benefit. Moreover, she would be acting in a fiduciary capacity and she would have to present a strict accounting to the Court of all the proceeds of the sale. I would not recommend that you take the above steps on your own because there are many pitfalls.

You should consult with an experienced Trusts and Estates Attorney who will be able to handle the case with your father's best interests in mind. I am available for an in-office consultation, 610-259-2724.

Kindest regards,

ANDREA G. TILLIS

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Answered on 1/21/16, 8:38 am


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