Find Senior Care (City or Zip)
Join Now Log In
B
Beachcomber021 Asked November 2017

Dad's in VA Nursing Home. Family member is power of attorney and using dad's monthly money for his own use instead of working. Is this legal?

freqflyer Nov 2017
Beachcomber021, just curious how do you know the Power of Attorney is using Dad's money for his own use?

Being both financial Power of Attorney and medical Power of Attorney can sometimes feel like a full-time or part-time job. I know I was exhausted being POA for both of my parents and trying to work out all the logistics and managing their financials. I was doing all I could to keep from losing my career.

jeannegibbs Nov 2017
Of course it isn't legal. Is this family member someone you can talk to and find out what is going on?

ADVERTISEMENT


Sunflo Nov 2017
No this is not legal. As POA they have fudiciary duty to account for all spending and management of estate and it must be used to benefit the loved one.

He/she can compensate themselves for mileage, meals, hotel, expenses as long at is documented for the care of the individual and one has receipts, dates, purpose for the expense, etc.

There are instances where they might be able to pay themselves for time spent to help person or managing their affairs — again documenting for time/ wages compensation.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter