QUESTION

Who is supposed to take care of $ issues?

Asked on Aug 10th, 2013 on Trusts and Estates - New Jersey
More details to this question:
Parents ages 85 & 88. Dad is physically impaired with arthritis. Mom has mild to severe dementia. I'm estimating their total liquid assets are around $400K. Their will was prepared naming a grandchild (of which is my sister's son and my nephew) as POA. Will states all assets will be divided equally. Within the past year both parents health has declined significantly. Both parents have fallen as well as some other incidents. He (POA) and my sister insist they need to be in an assisted living community. My parents are adamant about leaving their home. To force them to leave, my nephew and sister will not assist them in any way. I will not be part of this. Without assistance they will suffer. My dad asked me to take on full responsibility. My dad said he will tell the POA that my salary will be $750 weekly. The POA said he cannot and will not do this. Due to the wording in the original documents my parents are confused how he got all of this authority. Please Help!
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If your dad is competent, he can revoke the POA.  He should do it in writing, advising the current POA that its revoked, and appoint a new person.  Anyone who holds a POA is supposed to act in the person's best interest.  It does not sound like that is happening and you can step in and help out if that's what your dad wants.  
Answered on Aug 11th, 2013 at 8:31 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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