Legal Question in Wills and Trusts in Pennsylvania

A friend of mine got evicted by his sister who has power of attorney of their family estate from his

family farm. She approach my friend on Thanksgiving day only to tell him that he has to be out of

the house by that Sunday. Now, their mother is in a nursing home. His sister claims the sell of

the farm will go to pay for their mothers nursing home bills. My friend is okay with that. My

question is, What can my friend do to make sure that the sell or money of their family farm will go

only to his mothers medical bills and to make sure that his sister doesn�t use the money from the

sell of their farm for herself?


Asked on 12/15/11, 12:39 pm

1 Answer from Attorneys

It is not ethical for me to discuss your friend's situation with you. Your friend needs to see an attorney.

Your friend first needs to review the power of attorney. The power of attorney document only allows the agent to act for the principal on the principal's behalf. The agent has to keep good records and account for the proceeds.

That said, we are chock full of laws and it doesn't stop people from violating them. So there is no guarantee that the sister will not abuse the power of attorney and try to appropriate any assets for herself.

Your friend will have to be vigilant and he can start by reviewing the power of attorney. Why is his mother in a nursing home? Is she mentally competent? Is she aware that her land will be sold? Powers of attorney can be revoked and if the sister is abusing or starts to abuse the power of attorney, the mother can revoke it if she is mentally competent. If the mother is not legally competent, then your friend can bring a guardianship proceeding and be appointed as the guardian of his mother's person and/or property. Guardianship will trump a power of attorney

However, it does cost money to do this and I question whether your friend has money and why he was living at the family farm and the sister had power of attorney. I don't know the living arrangement, but your friend was entitled to greater notice. Moreover, the home will not be sold that quickly and I don't understand why he could not stay in the home until the time of sale. Why could he not have paid some rent during this period?

Your friend should obtain a copy of the power of attorney (he can check at the county courthouse in the county where the farm is located) and talk with an elder care attorney to review his options. The sister evicting him on such sudden notice is not very sisterly and does not bode well.

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Answered on 12/16/11, 11:45 am


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