If I have a durable power of attorney for my uncle. Can I use his funds to pay for an attorney?

Every family has the kind member who helps everyone, and the greedy one who helps themselves to whatever is available. You most definitely need to hire an attorney to protect him. I suggest you also find out if your state has an elder abuse protection service. You can use the funds for a lawyer provided he is representing the uncle's rights, not yours. Good luck.

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(Even if you are not filing a lawsuit this information can be useful).

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with a local attorney about this issue.

I caution you that durable power of attorneys require review of the document by an attorney. It is not fair to you or myself to give any legal advice without consultation and review of the document. Generally, a properly drawn POA that is durable will survive the impairment . In your situation you should go to a lawyer. The Dallas Bar Association has a referal system. The probate law section of the Dallas Bar also has resources. If funds are a problem they having sliding scale programs. One might consider a guardianship or limited guardianship. After the lawyer sees your documents and discusses the matter he can give you an opinion on use of the principal's funds.

If you are carrying out the objectives set forth in the POA for your uncle you can hire an attorney to defend your lawful actions. I would question the advisability of allowing your sister to move in with him if you are aware that she is taking advantage of him. YOu may need to consider filing an action to have her removed from his home. If he is not understanding the situtaiton you can file a petition for a guardianship and conservatorship which can be very expensive and emotional, especially if he is going to fight you. Best of luck.

LEGAL DISCLAIMER
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.