Full question:
My sister has power of attorney and is the executor of my mother's estate. My mom has Alzheimer's and is incompetent. My sister told me that she now owns mom's house. Since my mom is incompetent, could my sister legally give the house to herself essentially disinheriting me? Does my sister have a fiduciary responsibility to honor my parent's desires. If this situation is not legal, what is my recourse?
- Category: Power of Attorney
- Date:
- State: North Carolina
Answer:
Your sister is your mother's agent under a power of attorney, which she can use to manage your mother's affairs due to her incompetence from Alzheimer's disease. If your sister transferred the title of your mother's house to herself, this raises serious legal concerns.
Generally, an attorney-in-fact has a fiduciary duty to act in the best interest of their principal (your mother). They cannot use their authority to benefit themselves at the expense of the principal's interests. If your sister misused her authority to enrich herself, this could be considered a breach of fiduciary duty.
You may have the option to petition the court for the appointment of a conservator to oversee your mother's assets. This conservator would have greater authority than an attorney-in-fact and could potentially reverse any improper transactions. Additionally, you should consider reporting this situation to the appropriate agency in North Carolina, such as local law enforcement, which investigates elder abuse allegations.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.