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Eleanor Humphrey Doermann

Eleanor Doermann’s Answers

1 total

  • How can I protect the profit from the sale of my parents' home, so it can be used for their care at an AFH?

    Eleanor’s Answer

    Your parents' wills provide only what should happen to their property upon their death. Your sibling has no entitlement to the house or proceeds from the sale of the house while your parents are alive, and if it is all spent by the time they die, your sibling is out of luck. That might not stop him from asking however, in which case if your parents have capacity, it is their decision what to do. If you had concerns about their capacity in such a situation or your sibling's actions rose to the level of vulnerable adult abuse under RCW Chapter 74.34, it would raise a whole different set of questions. Finally, if you act as Agent for your parents under a DPOA at some future time when they lack capacity, you will have the ability and the fiduciary duty to manage their assets in their best interest and use them to make sure they are cared for. In that scenario you could be in the position of refusing your sibling's demand. He would have no legal grounds for making it.

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