Q: my mother has no living will. can one of my siblings sell the home and inherite the money without recourse.
younger brother lives with mom and she's incapacitated. he's seeking a power of attorney to make all financial decisions on her behalf and possibly sell the dwelling.
A: If she is incapacitated then she cannot sign a power of attorney for decisions. A living will does not pertain to assets or disposition of property, only to what happens to your person in certain medical situations while living. Even if your brother were to be the power of attorney for your mother validly, he is unable to unjustly enrich himself and he has a fiduciary duty to your mother.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.