New Market, MD asked in Estate Planning for Maryland

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.

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1 Lawyer Answer
Erica A. R. Redmond
Erica A. R. Redmond
  • Estate Planning Lawyer
  • Pasadena, MD
  • Licensed in Maryland

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.

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