Legal Question in Elder Law in California

i have POA over moms' finances. My mom was in Board Care and my Brother decided to take care of our mother. Myself,siblings and her sister decide on a fair amount of $2589 per mo., although,my Brother is not happy with amount, he wants $3000.00+ and did not agree I went on vacation and I am now back and still have not heard if he's in agreement. should i just pay him the amount agreed? My brother also requested financial statements, which i have given to a third party for review. Can you tell me what I should do and what you think is going on?

Asked on 3/25/13, 10:42 am

1 Answer from Attorneys

Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

If you, your siblings and your mother's sister collaborated to determine a fair compensation, and your brother is unhappy about this, perhaps the best solution would be for your mother to continue (or return) to reside in the board and care home provided that she is/had been receiving good care there and it is affordable for her. It sounds as though you and the others put a lot of thought into an appropriate monthly compensation because you have come up with a very precise figure of $2,589. As your brother is unhappy with this, I would be concerned that he may not provide your mother with the best care. However, if having your mother continue to reside in the board and care home is unfeasible, it might also be beneficial for all of you, including your brother, to revisit the fee again in an effort to reach a resolution of this issue.

It's unclear who the third party is who is reviewing your mother's finances but if it is an accounting professional or an independent person with financial background, it is in everyone's best interest that you are having that done. That being said, and assuming that your brother is not a current beneficiary of a trust that involves your mother's accounts, he is not entitled to financial statements.

I would recommend that you consult with an elder law attorney to ensure that everything is being handled properly.

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Answered on 4/10/13, 6:13 pm

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