Legal Question in Family Law in Virginia
General Power Of Attorney
On what grounds could I contest the liquidation of the estate of my Aunt who is living and in a Rehabiltation Facility for a broken femur, medicare pays for 60 days she has been there a week. Her home is paid for, her lifes savings was $40,000 with income close to $1500 a week, She had a blood clot in Feb. of this year she went home last week of May, around the clock sitters were hired. The problem with this was the power of attorney person was 400 miles away,( I live 18 miles away) now I'm the nephew her sister's son, the other person is a niece her brothers daughter. The money has been spent in 5 months, now I know the state gets Assets when you go on Medicaid the problem is I've been keep in the dark with no communication about anything, I have been in my Aunts life for 62 years I have done a lot for her,she is 93 lives by herself and drove a car until this year. I am deeply troubled that she will be in this home the rest of her life although she had good reports on this place the quality of care has declined drastically. My question is can I get the acounting of liquidation of assets thats taking place now before she goes on medicaid.They are selling everything now also can I put a claim in, like a lot of trips to emergency r
1 Answer from Attorneys
Re: General Power Of Attorney
Not having her POA, you now ask whether you could now contest the liquidation of your aunt's estate who will soon reside, apparently, in some kind of assisted living facility(courtesy of Medicaid) and whether you could demand an accounting as to how her assets have been liquidated(spent down) and, perhaps, also submit a claim for reimbursement for your trips to the ER(presumably in your aunt's behalf).
For some reason your aunt apparently had the good sense to give her POA to
a relative other than you. I think that I'm just now begining, perhaps, to understand why.
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