Brother is DPA and seems very uncertain about his reponsibilities. He calls up parents attorney and they must have some great conversations because the bills are at least a grand or more. He does this several X's per year!
My question is how do parents stop this. They don't have much money. Biggest asset is their home.
Oh and DPA is also Executor and Trustor. He got himself on all parents accounts and even pressured parents to change their beneficiary designations.
He live far far away and winters in Central America, so maybe they should have a diff DPA (and all the rest).
But my sister think if we ask parents to switch this, brother will just run up a huge bill with lawyer, fighting against it.
I only have parents interests in mind. I hate to see all these strange bills from lawyer (law office won't even say what was discussed, they defer all Q's to the brother!).
This all sounds so wrong. Where do I start, to get the bills stop, first, no more silly bills! and how to keep parents from taken advantage in future.
Unless your parents have been judged in a court of law to be incompetent, they can change their Powers of Attorney at any time by simply giving their attorney a heads-up by phone and visiting the office a few days later to sign the papers. Ask the attorney to them send a letter to your brother revoking HIS.
If your parents still have capacity, they can revoke that POA and do a new one, appointing somebody more suitable than a distant child who (excuse me, but) sounds a bit thick.
If they haven't, then you will need to tackle your brother yourself. What kind of terms are you on?
But in hashing over all their paperworks, it became apparent my parents feelings they want someone near by to them, who more likely can see their needs, and that would be me, so the lawyer even suggested they corrected their personal representing then in case of need, to be myself, which is a good change. So they are not only updating the DPA but also Personal Representative for when they have both passed away, or if one has died and the others got dementia or cannot take care of himself.
I really am relieved to know there won't be any more surprise bills, and full intend to keep the lawyers away as much as possible. I mean there could be need for some down the road! Who knows. But for sure they are so costly, and if they even look in your direction it seems to make a bill.