Legal Question in Wills and Trusts in Pennsylvania
Power of Attorney
My brother who is the oldest of three has power of attorney of my mother's estate. My mother has a will that states that the three children get her house when she dies. My sister who is the middle child and does alot for my mother is afraid that when my mother dies my brother who is in alot of debt will not pay my mother's bills. My brohter has always been a scammer and she is afraid that he will say that he is going to pay the bills such as funeral costs for example and he will not pay it. That he will just keep the money. My boyfriend says that usually a lawyer is involved in all this so for us not to worry. We are trying to talk my mother into putting my sister in charge also. I am the youngest daughter and I really don't care about the money but I do feel that my sister should get at least her share because she does help my mother out alot. My brother has so many family problems and such that he doesn't have time for her. My mother put him as executor because he is the oldest. She keeps saying that she will change it but hasn't yet. Should we be worried?
2 Answers from Attorneys
Re: Power of Attorney
Technically, "power of attorney" does not apply to a Will, it only allows someone to act as agent of the person, in this case, your mother, while she is alive. After her death, the Will governs what happens to her estate.
If your mother still has mental capacity to change her power of attorney and her will, and if she agrees that your sister may be a better agent during mom's lifetime and a better administrator of her estate, she can make a new "durable" power of attorney [meaning that it continues in force even if she loses her mental capacity] and a new will appointing your sister as agent and as Executor under the Will.
Lawyers are not always involved in estate administration, so you cannot rely on a lawyer looking out for how your mother's assets are managed by your brother during her lifetime or after her death.
Many parents will appoint their oldest child to such responsibilities, without recognizing the issues. If your family can get together and discuss this calmly and reasonably, your mother may recognize the your brother has other concerns and responsibilities, but that your sister and/or you may be in a better position to help your mother now and to take care of her estate later.
Your mother alone should consult with an estate attorney to have any new documents prepared.
Re: Power of Attorney
Yes.
Many people do not make the effort to handle these family situations while "mother" is still alive.
Please follow through and get your mother to make a financially responsible family member in charge. There is NO requirement that your brother retain an attorney.
If there is a power of attorney, now is the time to get it assigned to the right person.
Good luck to you.
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