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allisonp320

Junior Member
What is the name of your state?Georgia- I have a friend that has been appointed Durable Power of Attorney on his mother's behalf. He also has a sister that was appointed Administrator, but it was for their father who passed away in 2017. They both live with their mother, who is dying, and my friend is having to take care of the mother. He had someone coming in to do just that, but now his sister is saying she doesn't want that help coming in the home. Does she have the right to deny my friend the help he needs with their mother? The sister claims that because she was appointed Administrator at the time of the father's death, that she has run of the estate. Doesn't durable Power of Attorney over the still surviving parent "trump" who was appointed Administrator for a parent who has passed already?
 


PayrollHRGuy

Senior Member
The only thing the sister can administrate is the estate of the father. If the estate is paying for the help she can certainly cut off such funds.

The question is why has the estate not been settled?
 

Taxing Matters

Overtaxed Member
The sister claims that because she was appointed Administrator at the time of the father's death, that she has run of the estate.
She's right as to the father's estate. Any funds that remain in the estate are handled by the administrator of the estate. Of course, the administrator is supposed to make distributions timely per the will or, if no will, under the state intestate succession law. For most estates that should be completed in 12-18 months. She does not, however, get to condition distributions from the estate to her mother based on what the mother is going to use it for. If the will contains a trust and she is also the trustee of the trust then it will matter what the terms of the trust are.

Doesn't durable Power of Attorney over the still surviving parent "trump" who was appointed Administrator for a parent who has passed already?


No. The Administrator of the estate runs the estate and manages its assets. Once the administrator makes a distribution to her mother then her role ends and the mother or her agent (the one holding the durable power of attorney) can then decide how to spend that money.
 

Stephen1

Member
I read the question not as who is paying for the help or whether the sister has any control over mom's funds, but I think the question has to do with whether the sister can have any say regarding who may come into the sister's and brother's and mom's home. It doesn't appear to be a financial question.
How is sister proposing that mom get the care that the brother contends is needed without allowing a care person into the home?
I believe that brother has the final say on how mom gets care but sister probably has some say as to who enters their home.
 

PayrollHRGuy

Senior Member
I read the question not as who is paying for the help or whether the sister has any control over mom's funds, but I think the question has to do with whether the sister can have any say regarding who may come into the sister's and brother's and mom's home. It doesn't appear to be a financial question.
How is sister proposing that mom get the care that the brother contends is needed without allowing a care person into the home?
I believe that brother has the final say on how mom gets care but sister probably has some say as to who enters their home.
Then you need to reread the question because it is pretty clear other than the OP not saying exactly what the sister is the Administrator of. Both TM and I assumed the father's estate.
 

LdiJ

Senior Member
What is the name of your state?Georgia- I have a friend that has been appointed Durable Power of Attorney on his mother's behalf. He also has a sister that was appointed Administrator, but it was for their father who passed away in 2017. They both live with their mother, who is dying, and my friend is having to take care of the mother. He had someone coming in to do just that, but now his sister is saying she doesn't want that help coming in the home. Does she have the right to deny my friend the help he needs with their mother? The sister claims that because she was appointed Administrator at the time of the father's death, that she has run of the estate. Doesn't durable Power of Attorney over the still surviving parent "trump" who was appointed Administrator for a parent who has passed already?
Your mother is still living and the assets of your father's estate have passed to her. Your father's estate no longer exists and therefore your sister is not the administrator of anything anymore. Your durable POA is what counts now. That is of course unless your sister did the WRONG thing and kept everything in the estate's name. If that happened then your sister needs to be sued for violating her fiduciary duty.
 

allisonp320

Junior Member
The only thing the sister can administrate is the estate of the father. If the estate is paying for the help she can certainly cut off such funds.

The question is why has the estate not been settled?
[/QUOTE That IS a good question. She claims that it is because there is a lawsuit pending where their father was involved in a car accident, and he is being sued (or his estate is), by the other person involved. He had insurance at the time of the accident; wouldn't that cover any damages he's being sued for? And why would that put a "hold" on settling the estate? It really is a big nasty mess.
 

ShyCat

Senior Member
He had insurance at the time of the accident; wouldn't that cover any damages he's being sued for?
Not if he's being sued for more than his insurance coverage limits.
 

LdiJ

Senior Member
Failing to provide needed care is elder abuse. See: https://aging.georgia.gov/abuse-neglect-and-exploitation-risk-adults-georgia

I suggest child responsible for mother's care contact the social service agency dealing with issues of the elderly and disabled to help determine what care is needed and apply for programs providing financial assistance if this is the root of the problem with the sister.
I suspect that what is really going on is that sister doesn't want the money spent...sister wants to inherit more, rather than less.
 

t74

Member
I suspect that what is really going on is that sister doesn't want the money spent...sister wants to inherit more, rather than less.
Likely very true. However, the $$$ will not be of any use if there are criminal charges filed for elder abuse. In my state and the state where a late elderly relative lived, elder neglect and financial exploitation can rise to the level of a felony. It would be better to provide the care to the mother than to pay the lawyers.

OP should contact either a local agency or the state's adult protective services agency.
 

PayrollHRGuy

Senior Member
Let's keep in mind that A) the OP is not one of the siblings involved and B) both siblings live with the mother and there is no indication that she isn't being cared for by one or both of the siblings.
 

t74

Member
Let's keep in mind that A) the OP is not one of the siblings involved and B) both siblings live with the mother and there is no indication that she isn't being cared for by one or both of the siblings.

Thanks for correcting me. Brother should do this, but OP is also duty bound to contact adult protective services if the elderly person is not being cared for. OP indicates that at least one of the siblings is not able to provide adequate care and is believed to be the one providing most care.

OP does not likely know the whole situation and should encourage the siblings to seek a consultation with someone to identify how best to care for their mother. OP is concerned enough to seek advice from the forum. Caring for an elderly person in declining health is a difficult task.
 

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