Legal Question in Wills and Trusts in Washington

Standard for DPOA decision making

My father resides in a nursing home: he has not been adjudicated incompetent, but is occasionally confused and forgetful. I visit him weekly and my sister, who was given a power of attorney by him several years ago, leaves all practical matters to me, including health care decisions, (although she is an RN). We have a mentally ill brother who continues to reside in our family home: our father has always supported him and always indicated that he wished to continue to do so and keep the house as long as John needed to live there. My sister regularly states that she wants to throw John out and sell the houseL: this is not what nmy father wants,. but my sister states that she can do anything she weants and disregard his wishes. His resoiurces are ample to provide for his long term care and selling the house is not necessary. Short of securing guardianship. is there anything I can do to assure that my Father's wishes are respected. CAN my sister do ''anything'' whe eants with his money?


Asked on 12/01/03, 1:30 pm

1 Answer from Attorneys
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Standard for DPOA decision making

Your sister can't do anything she wants. She has a ficuciary duty to your father. Of course it all depends on what the POA states. I strongly suggest you spend the money and at least consult with a qualified elder law attorney in your area. As it turns out, it may be a bad idea to sell the house because a house is exempt for medicaid planning eligibility. So your sister would be extending the amount of time before your father would be eligible for medicaid. In addition, I'd have to review the materials but I believe a house can be gifted to a disabled child (or their guardian) and avoid the medicaid penalty period. This MAY make kicking out the brother not such a wise idea. Again, I'd see an attorney on this one.

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Answered on 12/01/03, 2:21 pm


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