General Power of Attorney with Durable Provision

[Jeepers]

Washington State

Can an adult child who holds a General Power of Attorney with Durable provision use money from the estate of an aging parent to make improvements to his, the adult child's, home in order to care for the parent in his home?

 

[ALawyer]

While there is clearly a "conflict of interest" the danger arises later, when the other heirs can complain that you used "their share" of Dad's money to increase value of the house, rather than to care for Dad, particularly if Dad does not live long enough to amortize the value of the improvements.

Of course, if the "improvements" are limited and reasonably necessary -- such as adding "grab bars" -- for the care of the person, you should be okay. If it is to make a large addition to the house, you're asking for trouble.

The best approach often is to have a family meeting to discuss what the alternatives are, lay out the costs involved, and the nature of the proposed improvements, and be prepared to show why what you propose is desirable and better for Dad and the estate. Then you'd have aired the choices. If you proceed, others could not really say they were not consulted. If others have a better idea, presumably you'd listen and adapt.