Hi, I have the original copy of my parent's estate will. They appointed me as their executor and both of them are no longer able to take care of their financial matters. Also, my siblings who were listed as the second and third agents, have basically taken over and are making decisions based on their own interpretation. My father is currently on Hospice and my mother has been incapacitated since December 2012, and listed me as his POA. Unfortunately, my sister and brother has taken over his rights and have gotten control over his finances and his assets without my knowledge and has not kept me informed of what they are doing for my parents. Please advise. Thank you.
The Wills are meaningless until your parents die. The Power of Attorney is the operative document. That said, because of your siblings actions, the only real recourse is a conservatorship/guardianship. You need to contact an Elder Law attorney ASAP to help you out and evaluate your best course of action.
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Attorney Shultz is correct. A will is revocable, changeable and not legally binding until after the person who signed it has died. Unfortunately in your circumstances, as Attorney Shultz noted, the person holding power of attorney has legal authority during your parents' lifetimes until there is a court appointment. Accordingly, your only real option is to go to court to attempt to be appointed as your parents' fiduciary. Good luck to you.
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