Virginia Elder Legal Questions

There seems to be some confusion here. First, authority under a PoA expires with the person who granted it. Second, only your mother could have created a Revocable Living Trust affecting her property or named successor trustees (unless the trust document allows successor trustees to name their successors). Third, a Living Will tells the doctors what your mother wants if she is near the end of life or in a permanent vegetative state. Fourth, if by "Living Will," you meant "Will," that governs only property which was not conveyed to the trust before your mother died.  There is no need to probate or share the Will with anyone if all the property was in the trust. Fifth, beneficiaries often mistakenly think that money in a trust is their money.  It is not.  It belongs to the trust and can only be distributed according to the trust document. Sixth, while many states require that the trustee provide an annual accounting to beneficiaries over a certain age, they do not usually require that the trust document itself be provided. You may want money.  The trustee is not obliged to give you any except in accordance with the trust document.... Read More

While you may use a statutory Durable Power of Attorney signing before a notary, if the person granting it may need help due to current or future disability, they may want to grant additional powers or give additional direction.  For this you will want to consult an elder law attorney,  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

In addition to firing the caregiver, you can report the theft to the police and, if you have enough evidence that this caregiver took the jewelry and what she took (pictures of the jewelry, receipts), hire a lawyer to sue her for conversion (converting your mother's property to hers).  Please keep in mind that your mother may have put the jewelry somewhere and forgotten -- or that your brother may have taken it.... Read More

If your parents have legal capacity to contract, they can appoint you their agent under a Durable [Financial] Power of Attorney. If they have legal capacity to make medical decisions, they can appoint you their agent under a Medical Power of Attorney. Only a person who lacks legal capacity to provide for their own food, shelter and medical care or to manage their own finances can be placed under a guardianship/conservatorship.  The procedures vary from state to state.  Please talk with a local estate planning and guardianship attorney.  ... Read More

Although some states still have filial responsibility laws on the books, only three enforce them.  Virginia is not one of the three.  Nonetheless, it sounds as though it would be a good time for your mother to consult an elder law attorney, sign a Medical Power of Attorney and Durable [Financial] Power of Attorney and related documents even if you do not want to be her agent.  She can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

You have not mentioned whether your brother is competent to revoke the power of attorney. If he is, he can revoke the power of attorney to  wife and grant you power of attorney. You can bring him to your home. With the help of an attorney, you can try to recover assets from the wife.  It sounds as if your borther has grounds for divorce. If your brother is not competent, I would suggest you contact Adult Protective Servies to report financial explooitation.  You will need some help filing a petition for guardian and conservator for your brother.    ... Read More

It is unfortunate to see your mother go through this. You may need to take legal steps to be able to make decisions for her. If you truly believe she is suffering from mental illness and is a danger to herself or cannot take care of herself, then you should see a doctor to help determine her competency. If the doctor diagnoses her with an illness this will go a long way in showing the court that she needs others to make some or all of her decisions.    There are 2 avenues for helping your mother. First is guardianship, this is where the court grants power for one person to make health and personal affairs decisions. Second is conservatorship, where the court grants power for a person to make financial decisions for another.       NOTE: This response is for general information and does not constitute legal advice nor does it create a legal realationship.... Read More