Legal Question in Wills and Trusts in Virginia
Can Someone be sued for their actions while being Power of Attorney
I was General Durable Power of Attorney for my mother who resides in Virginia. I reside in PA. I had to take over her affairs while she was going through withdrawal from alcohol and drugs in the hospital. As a result of her illness she now has alcohol induced dementia. while I had power of attorney during her illness I had to spend down.. I was guided and advised by an atty. However, I took 5% of her total assets as my fee for taking care of all of her matters. In addition, I confess that I took more, some to live on when I was down in VA, some for moving all of her furniture, food, phone bills, and other needs. I cannot prove everything that I spent with receipts etc. I also,used her credit card for things which I paid off with her assets. Can my Mother sue me? I may have mismanaged some things, but the Attorney told me to spend down and I I thought I was doing the correct thing with the spend down.
1 Answer from Attorneys
Re: Can Someone be sued for their actions while being Power of Attorney
If you were originally represented by counsel I believe they are obligated to advise you on this matter.
It appears from your communication you believe you may have done something incorrect. While utilizing a power of attorney you have a very high level of duty and care. You cannot just "spend down" without the proper documentation, reasoning and support. Based on what you have stated there may be grounds for a legal action from your mother or other potential heirs. At this point if your mother has moments where she is lucid you should speak with her and inform her of what has happened.
Also going forward while using the POA make sure your decisions are sound and prudent and in the best interest of your mother. This is not to state that you cannot take a reasonable amount for your expenses but again document what you spend.
Brandon Barnett, Esq.
412-916-1677
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