Andover, KS asked in Real Estate Law and Probate for Kansas

Q: I just sold the house and want to use all proceeds from the house for my bother. To help with his finances as a safety

I have a house that belonged to my Mother and Father My mother has been in a nursing home for the last 10 years with advanced dementia due to Alzheimer’s. My father passed way in 2015.My brother is mentally handicapped but functional. I have DPOA on all three.

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
Answered
  • Probate Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: You should consult with an attorney as soon as possible. The details of the transaction leading to the sale of the house are not clear from the limited information stated in the question. An attorney-in-fact operating under the powers vested in him or her by a durable power of attorney (DPOA) has fiduciary responsibilities that must be met. Those obligations may direct in part your actions and may limit some options.

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