I am my mother’s health care proxy. Do I have more power because I’m the only biological daughter and health care proxy?
Question is, I am my mother’s health care proxy, I relinquish my power of attorney to my mother in the advice of my attorney which is a big mistake. Everything before my father passed was put into a trust so I cannot access funds to get a lawyer myself, because my trustee will not give me a monthly stipend or anything to pay a lawyer. Now I find out my mother's trustee has been paying my adopted brother who stole millions from my parents. The trustee of my mother has been paying his lawyers. I just got an email saying that he wants to put my mother in HOME nursing home. I am a wreck. I am only the healthcare proxy. Do I have more power because I’m the only biological daughter and health care proxy? I am so afraid I’m going to come home. I’m living with my mom to help her, I have been for years now. I’m so afraid that they can do it without me and I would never do that to my mom, so any advice would be greatly appreciated. If anyone knows any attorney that I could have a pro bono at the moment and then after I get my inheritance back that my brother made me sign away in 2019 when I was in intensive care. I could pay them after I get that back because of course I know that it was illegal but I was on morphine intensive care after back surgery and I’m just crying as I’m writing this so any advice would be more than appreciated and if there’s any attorneys reading this that would like to represent me and help me with my fight I promise I will pay you. I can. Everything I’m saying here I can document with either an email Or a witness one of our caregivers for my mother anything I’m saying I can prove it show any help would be.
What is more powerful, a daughter that is health care proxy or an attorney who is power of attorney, financial power of attorney?
My mothers Trustee wants to put her in a nursing home. I am her health care proxy and only biological child and I have been coordinating a 24 And caring for her and doing everything. I have facts and proof that the trustee has misappropriating funds which is financial elder abuse And I am the healthcare proxy. I am asking who has more power and right to legally to keep my mother in the home, The trustee or the health care proxy, myself and the only biological child? How do I get an accounting a former accounting of the trustee's financial documents? I have an audio tape of my brother admitting that this trustee of my mother paid for all his lawyers which is a breach of fiduciary duty and elder abuse. Any help would be appreciated thank you Gigi
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E.g.: " Question is I am my mother’s health care proxy I relinquish my power of attorney to my mother in the advice of my attorney ..." If you "relinquish" your power to your mother, you would probably have to resign from your proxy role, in writing, and your mother would appoint someone else. I'm not sure what the question is.
In addition, '" everything before my father passed was put into a trust so I cannot access funds to get a lawyer myself because my trustee will not give me a monthly stipend or anything to pay a lawyer now I find out my mothers trustee has been paying my adopted brother who stole millions from my parents the trustee of my mothers has been paying his lawyers …"
This raises even more issues. Who is "your trustee"? Is there a trust for you, or specific provisions in the trust? If you're acting pursuant to a trust, the issue of being a POA is not relevant for the deceased individual (your father), who executed the trust.
That raises another issue: was the trust executed only by your father? Or your mother and father both? Depending on the trust, the settlors (those who created the trust), the beneficiaries, and the Successor Trustee... I'm not sure that funds from your father's trust would or should be available for an attorney for you, in connection with your mother's interests.
Sorry, I'm just having trouble sorting out the situation.
Perhaps you could approach the issue from the perspective of what is needed?