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I am dad's poa since 2014, recently my brother who lives rent free in dads home is fighting for person and estate, what can I do, I can't afford a lawyer
Ask the Council of Aging or senior center in your town, or your local ASAP (Aging Services Access Point), for a referral to an elder law attorney or legal services agency.
The local agency that handles elder abuse may be able to consider whether there are grounds for investigation or intervention.
Your status as Attorney in Fact under the POA may become confused if an agency or Court determines that intervention is needed.
It may become difficult for you to anticipate all of the possible results of your brother's actions, without an attorney to represent you, as you try to protect your father's interests.
Consider whether you can get financial help from other family members, to retain private counsel.
Post a 30 day notice to terminate tenancy. It must include one full month...so the notice you post today would be effective October 31.
Take a picture of the notice posted to the door Take the power of Attorney documents to the local court house. There you will ask the court clerk for a"certificate of service". You will go and sign and date that infront of a notary...show ID and the power of attorney...that way you demonstrate your authority to take this action.
Bring the notarized document and you POA to the court clerk...get it filed. This way your brother cannot make the claim he wasn't notified.
If he is till there on Nov. 1. Go straight to the court house with your POA and file for eviction. The reason is "hold-over". There will be a court date set. I suggest that you pay a marshal of the court to service this notice.....no nonsense from brother and you avoid a confrontation.
Go to court...get the eviction order. Let the sheriff physically remove him. Make sure you get all locks changed once he isn't out...make sure the windows are all locked too...I once had a tenant climb back in that way.
What do you mean your brother is "fighting for person"? Do you mean he's trying to get guardianship? Conservatorship?
Why is your brother living with your father, and why is he not paying rent? Is by chance your father's caregiver? What role do you play in caregiving?
And what exactly is it that you want to do? Do you want to get guardianship or conservatorship for yourself? Do you want to have your brother evicted? What goals do you have that you feel would require legal advice?
I think answers to these questions would us to advise you more accurately.
The POA most likely allows you to retain an attorney using dad's funds if for his welfare. Check the document. The guardian AD litem can help with that. It would be very unusual to ignore dad's wishes with you as POA unless bro can show good cause. And now you have guardian's testimony that will help.
Have you consulted with an attorney? Don't miss the court dates. The court listens to the evidence and appoints who they think is best. The Guardian ad Litem is supposed to investigate and make a recommendation to the court as to who is the best person to be Guardian. IF they know the truth, what would they do? I'd place legal advice as a priority. Ask if your fees can be reimbursed by the estate if you prevail at the hearing.
I have been to all court hearings basically, my dad's guardian at Litem asked if we sell home put money sold for dad's home in a public guardian trust for dad's use only and when dad's passes away money left gets split between siblings, I agreed, my brother said no he wants what he wants my brother fighting all the way! the guardian at Litem said if your brother doesn't agree, than I know what he is up too!
I can't afford a private attorney, and the pro bono and legal advice won't help me because I have a job I tried calling many firms and I am hoping the guardian at Litem will do what's best for dad because dad has specifically said dad wants nothing to do with this brother, he's a bad son and that dad wants me to continue to care for dad as I have and that I am dad's choice.
Also dad's home is in a trust includes this brother, another brother, and myself, 3 siblings, and my brother is saying dad's home is worth 30,000 he's lying my brother wants to buy dad's home but at his price, guardian at Litem said it will be sold at market value, and brother can buy it, but we 3 siblings have to agree because we are in dad's trust, my greedy family, I just want dad safe away from brother!
It sounds like the current guardian has a good take on the reality of the situation and is acting in your fathers best interest.
For your brother to gain guardianship he would have to contest what's currently taking place in court. Likely, for him to gain guardianship he would need his own attorney and be able to prove he is the best candidate for the job. From what you've described of your brother - it doesn't sound like either of those things is even a remote possibility.
Honestly, as long as the current guardian continues to stand up to your brother and continues to act in your fathers best interest as far as his care and assets are concerned- I'd let things play out on the current path they're taking.
Yes, brother is fighting for guardianship of dad and house, this brother has threaten me if I evict him now he has moved a functioning woman addict to dad's home, this brother has been living in dad's home all his 50 yrs of age, he refuses to pay rent just pays gas and light, my dad is afraid of him, my brother just wants dad to come back home and support him and keep dad's home, I have been the poa who took him to his Dr visits, shopping, out to eat, visit dad, dad got sick a couple months ago because dad wears a,colonaspy bag due to cancer and this brother refused to clean up dad when bag broke, and dad's stomach got infected he ended up in the veterans hospital for care, dad caught a worst infection in hospital he's body was shutting down he was in hospital for months, when dad was released dad needed rehab for whole body, eventually rehab nursing home said your dad needs 24/7 care we didn't have anyone and also dad has dementia, so dad stood at nursing home for his safety now this brother is saying I have dad there against his will, dad likes the nursing home. No body visits dad except me, i take dad out on my day off and sunday, i buy dad what he needs i bring him snacks, and meals at times, i make sure i go everyday to see dad is ok, i have 3 brothers and no one comes to visit dad, and i chose this nursing home because its close to their homes. I just want dad safe away from this brother who never cared for our dad, is not my poa enough to fight this guardenship? Dad has been assign a guardian Ad litem because of this, i cant afford a lawyer, I don't want anything I just want dad safe away from this brother.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
The local agency that handles elder abuse may be able to consider whether there are grounds for investigation or intervention.
Your status as Attorney in Fact under the POA may become confused if an agency or Court determines that intervention is needed.
It may become difficult for you to anticipate all of the possible results of your brother's actions, without an attorney to represent you, as you try to protect your father's interests.
Consider whether you can get financial help from other family members, to retain private counsel.
Take a picture of the notice posted to the door
Take the power of Attorney documents to the local court house.
There you will ask the court clerk for a"certificate of service". You will go and sign and date that infront of a notary...show ID and the power of attorney...that way you demonstrate your authority to take this action.
Bring the notarized document and you POA to the court clerk...get it filed. This way your brother cannot make the claim he wasn't notified.
If he is till there on Nov. 1. Go straight to the court house with your POA and file for eviction. The reason is "hold-over". There will be a court date set. I suggest that you pay a marshal of the court to service this notice.....no nonsense from brother and you avoid a confrontation.
Go to court...get the eviction order. Let the sheriff physically remove him. Make sure you get all locks changed once he isn't out...make sure the windows are all locked too...I once had a tenant climb back in that way.
Then, put the place up for sale.
What do you mean your brother is "fighting for person"? Do you mean he's trying to get guardianship? Conservatorship?
Why is your brother living with your father, and why is he not paying rent? Is by chance your father's caregiver? What role do you play in caregiving?
And what exactly is it that you want to do? Do you want to get guardianship or conservatorship for yourself? Do you want to have your brother evicted? What goals do you have that you feel would require legal advice?
I think answers to these questions would us to advise you more accurately.
For your brother to gain guardianship he would have to contest what's currently taking place in court. Likely, for him to gain guardianship he would need his own attorney and be able to prove he is the best candidate for the job. From what you've described of your brother - it doesn't sound like either of those things is even a remote possibility.
Honestly, as long as the current guardian continues to stand up to your brother and continues to act in your fathers best interest as far as his care and assets are concerned- I'd let things play out on the current path they're taking.
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