Legal Question in Wills and Trusts in Pennsylvania

Re: power of attorney - shared

If you elect, you could file an action with our Orphan's Court (that's the name of the division of our Court of Common Pleas where these cases are heard) compelling your brother to file an accounting of his actions as your mother's Agent under the Power of Attorney. The problem that you have is obviously that such an action is not going to be particularly geographically convenient for you. Likewise, you are going to find yourself going out of pocket financially to bring such an action.

If you prevail and your brother is held accountable for either his mismanagement of her assets or abuse of his authority over same, you may be able to recoup your out-of-pocket expenses, but there is no guarantee. Bringing such an action up here is likely to cost you several thousand dollars and it could be significantly more depending on how hard your brother elects to defend himself. Although, he certainly cannot use your mother's assets to pay for his defense.

If you'd like to discuss this matter further with me, please feel free to contact me directly either through our website at americanwillsandestates.com or by email at [email protected]. Thank you.

Lloyd Welling, Esq.