My 52 year old brother wants bail and attorney money from our mom. I have power of attorney for her. She has helped three times before but is ill now. She has current medical expenses and I don't know if she will require long term care in the future
No, you do not. Your only duty is to your mother.
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Her help in the past does not establish an obligation to help your brother now or in the future. Your duty is to protect your mom's assets and use them for her benefit. Tell your brother the ride is over.
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no duty here....there are two people in need....she is older and needs it; he has the ability to earn it or borrow it; ...
I agree that your legal duty is to your mother, not your brother. I would add through that if you think your mother might need long-term care in the future that you should consult with an Elder Law attorney who can assist you in planning to receive Medi-Cal benefits in the true without spending all of her assets. This type of planning almost always saves the person a significant amount of money.
If your mother has mental capacity, being listed on her power of attorney alone is not enough for you to make financial decisions for her. However, if her illness is such that it has incapacitated her, meaning she can no longer manage her finances due to her mental state such as dementia, then your first duty is to her needs. Since she may need long term medical care, her money needs to stretch as long as possible.
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