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POA Verses Trustee of a Trust?

I have a brother who has been supported by our parents for about the last 30 years, he receives a civil service check every month for less than 800.00 a month. Over the past three years I have flown back and forth out of state to care for them, as I live in a different state and my brother lives very near, in a place which my parents paid for.

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To make a very long story short last time I was there I had a durable POA and Trust made up with an attorney. My brother was fine with it. My father ended up passing and my mother has been suffering from dementia for years and deteriorating rapidly. My brother had the POA changed to him. My question is he lives there, but hasn't ever paid for anything and I am the trustee of the trust. Can he sell their car and house and their personal property in the event she goes into a nursing home? Please help; by the way we do not get along at all. Suzie Q

By Lori

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Bronze Answer Medal for All Time! 220 Answers
December 19, 20140 found this helpful

Please see an attorney immediately as the issues in this situation are complex. The attorney will need to request copies of legal records, bank statements, etc., to thoroughly evaluate your case.

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This situation will require time and expense for the attorney to clarify all legal questions and provide a course of action for you to consider.

 

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December 21, 20140 found this helpful

Perhaps you could return to the attorney that set up the POA and trust for advice. If not, I would say you need a new attorney ASAP.

 

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