Dying Mother-in-law

[LaTasha]

What is the name of your state? MD
My mother-in-law is dying of Brain, Breast, Lung, Liver, and Bone Cancer. My husband is her only child and her husband is in a home suffering from Dementia. She has a living will that her brother is her representative to handle her banking account with the condition that it goes through her son (my husband). We recently found out that he has been taking the money and spending it for his personal use. Can my husband contest the Living Will to be her sole representative from here on out? What should he do ?

 

[seniorjudge]

What is the name of your state? MD
My mother-in-law is dying of Brain, Breast, Lung, Liver, and Bone Cancer. My husband is her only child and her husband is in a home suffering from Dementia. She has a living will that her brother is her representative to handle her banking account with the condition that it goes through her son (my husband). We recently found out that he has been taking the money and spending it for his personal use. Can my husband contest the Living Will to be her sole representative from here on out? What should he do ?

What you are describing makes no sense since "a living will" is a healthcare power of attorney. It does not do what you are saying it does.

 

[BlondiePB]

Decoding post according to "Elder Code"...

Testator has a Last Will & Testament. Testator is still living; therefore, OP believes this document is a Living Will.

 

[Dandy Don]

Or she may have been referring to a power of attorney. Your son needs to be talking to an attorney now to find out if your state has laws against abuse of POA--brother is supposed to provide an accounting for how he spent any monies he withdrew, not use it for his personal use. If sued he will have to pay back any unaccounted for monies to the estate, AND the POA expires at the time of her death, so any money in the account belongs to the estate. This was a sloppy way to do it but perhaps she didn't know any better--she probably should have named the SON as her representative/POA.

DANDY DON IN OKLAHOMA ([email protected])