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Power of attorney

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beautifulerah

Junior Member
What is the name of your state (only U.S. law)? Louisiana

Hi
My friend's mother passed recently. Anne had power of attorney for her mother and father.
Her mother and father were both competent when the durable power of attorney was signed. Anne's mother remained competent until her death her father was not. During the ten years she had the power of attorney until their death. Both parents ended up in the nursing home.

It was her mother's choice to enter the nursing home and she could have gone home at any time because she was still mentally competent. During this time Anne's mother and father were visited regularly by both Anne and other family members. When asked about her parent’s financial situation Anne told her sibling to ask their mother who was still commandant and knew all about her financial situation. During this time her mother was giving away most of her income as she received it. Not only to Anne but to other siblings and grandchildren. Most of the time this money was withdrawn by Anne and given in cash.
Sometimes checks. Sometimes money was transferred within the bank. Also beneficiaries on life insurances were changed.

Anne's parents recently passed within a few weeks of each other. And now her siblings want an accounting of the money from when she received the power of attorney to when they died. Anne did not keep account of every cent spent as most of it was gifted and her mother told her what to do with her own money as she was competent and could have revoked the power of attorney at any time.

What is Anne supposed to do?????
Her siblings think she stole the money from her mother although they received lots of gifts also. Like checks yearly for $10,000.
 


rowz

Member
Go get a lawyer to get instant answers to your questions......or......wait a bit.

Its only been less than 1 hout.

Tell your friend to get an attorney to respond to the requests for an accounting.

Have her start getting every scrap of paper that she can together.

She is going to need it.
 

anteater

Senior Member
What is the name of your state (only U.S. law)? Louisiana......
Why doesnt anyone respond to my posts??????
Legally, Louisiana is barely part of the United States... the heritage of the Napoleonic Code and all that. Unless responders are familiar with LA law, it is tough to make even general statements. One thing that I do remember is that LA is the only state that has not adopted the Uniform Power of Attorney Act.

..... Tell your friend to get an attorney to respond to the requests for an accounting.

Have her start getting every scrap of paper that she can together.

She is going to need it.
Or, since the siblings don't seem to have any legal authority to demand an accounting (at least, not yet), she can tell them to take a hike and hope that they go away.

:eek::eek::eek:
 

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