Seattle, WA asked in Family Law and Elder Law for California

Q: Can I be legally reimbursed (from my mother's bank account) for expenses incurred doing home repairs on her house?

My mother is 86 and in the early stages of dementia. My brother and sister live at my mom's house rent-free, but do little to care for her. They also are trustees of her living trust (which they coerced her to get) and will not show me that document. She needs many repairs to her house (sewer drainage problems, new carpeting, safety grab bars) and has not been to a dentist or eye doctor in years. I live 800 miles away and would like to take care of the things my siblings will not, but I can't afford travel expenses, hotel, food, etc. I do have durable power of attorney over my mom. Can I be reimbursed for expenses related to fixing things for her while I am down there?

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1 Lawyer Answer
James Edward Berge
James Edward Berge
  • Elder Law Lawyer
  • San Jose, CA
  • Licensed in California

A: It depends on whether your power of attorney is durable, whether your authority under that power of attorney is effective immediately or only upon incapacity, and the express powers given to you. It also depends on whether that power of attorney remains effective or has been revoked.

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