My parents recently went into an assisted living facility and my oldest brother is the executor of the estate.
My oldest brother, my younger sister and other brother had a meeting without my other sister who lives in a different state and myself who lives in the same area.
The three of them decided to put my brother and sister as P.O.A. for finance and health. They stated that since I gave a bankruptcy in my past, I can not be trusted to be a P.O.A. for finance.
My brother and sister who avoided my parents while I lived with my parents to help take care of them got upset when I called them out for celebrating the past holiday while excluding myself. They never spent the holidays for the past year with my parents and stated that they had to work, but social media proved otherwise.
My question is, am I wrong for being upset and what can I do?
If they are still alive the executor doesn't have the power to do anything. If they are competent, the get to chose who their power of attorney is. If they aren't currently competent, the court would have to intervene and appoint a guardian-the siblings don't get to just decide.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
Only your parents can choose who should be the Agent for them under their Power of Attorney for Finances. If they have chosen your Brother as Executor (what we call Personal Representative in Wisconsin) then it is common for many people to name the same person as their primary agent under the Financial Power of Attorney. The Power of Attorney for Finances is important when the principal (in this case each of your parents should have their own power of attorney document and each of them would be the principal under that document) is alive but incapacitated. It allows the person named as Agent to act for them in managing their financial affairs. The same principal applies with the Health Care Power of Attorney, but in this case, the power to make decisions for your parents only activates if your parent is incapacitated as certified by two physicians. The classic example here is someone in a coma, they need someone else to make decisions for them until they regain consciousness. Regardless of who is named as Agent under the Power of Attorney documents, or as Personal Representative under the Will, all of these people have a fiduciary duty to act in your parents best interests and follow their wishes as expressed in their documents. Therefore it is your parents wishes, and their decision on who to name as Agent and Personal Representative.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. You should seek a consultation with a licensed attorney in your area if you seek a complete review and discussion of your situation.
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