Fast, affordable, 1-on-1 assistance

As low as $19
Fast, affordable, 1-on-1 assistance
Lawyer

Ask your own question to a Lawyer online now

As low as $19
money-back guarantee

Legal

For over six years I have been caring for my...

Resolved • Response time 3 minutes

11 May 2013

For over six years I have been caring for my parents 24/7 without a day off, which means I had to quit my job to care for them as dad was no longer able to assist mom in certain daily tasks such as after she used the bathroom. Mom died two and a half years ago, dad now has severe Alzheimer’s. I do not have power of attorney over my father because he refused to allow that, but I do have the legal authority to write checks with my signature on his behalf because I am the successor trustee named in his will (my brother is listed also as the other successor trustee but because he lives 600 miles away he has decided to not assume this responsibility). My brother, who is retired, refuses to help in the care of dad, which would relieve me so I can have time to myself. Am I legally allowed to deduct from dad’s account a reasonable salary for myself?
Read Less

11 May 2013

Ask your own question
Lawyer's response
11 May 2013
P. Simmons
P. Simmons
Attorney
Thank you for the chance to assist. I am an attorney with over 16 years experience. Hopefully I can assist with your legal question I am sorry for this dilemma. If you father has dementia, at some point he will no longer be competent (able to understand what is going on around him), if that has not already happened. Can you tell me his current mental status...is he competent? Or has he passed that point?
11 May 2013
Customer reply
11 May 2013

The XXXXXXXXXXX’X XXXXXXXXXXXX publishes a pamphlet describing the seven deteriorating steps of this insidious disease. Our primary care physician and a physician specializing in geriatrics both agree that dad’s mental faculties has deteriorated to step six. It has been well over a year since dad has been mentally competent.

11 May 2013
Lawyer's response
11 May 2013
P. Simmons
P. Simmons
Thank you. That makes it difficult (for you)...since if your dad is not competent, he is not able to make decisions that affect himself (decisions that can impact his person...his health, and his estate...his money) If he is not competent? He truly needs someone to make these decisions for him. So lets get on to your question Am I legally allowed to deduct from dad’s account a reasonable salary for myself? The answer is no. You are not. Not legally. Not without a court order. If you did so, you would open yourself up to charges of fraud...either in civil court (perhaps from your brother) and conceivably in criminal court. Under the law, when a person has a the responsibility of trustee, they have a fiduciary duty to the estate. That duty requires they place the interests of the estate over their own interests. If you pay yourself, you are setting yourself up for a charge of violation of your fiduciary duty. Now...clearly your father needs care. And there is no reason you should be working for free. What you may want to consider doing is to go to court and have yourself appointed as guardian to your father. At that point, if you are appointed guardian, you would be able to take steps on behalf of your father to protect his health and his estate. And paying for health care would be one of the items you would have power to do (in he role of guardian). But what you describe, since you are not in the position as court appointed guardian and since you do not have power of attorney, you do not have this ability. Sorry to have to bear bad news Let me know if you have more questions...happy to assist if I can
Customer rating:
P. Simmons
P. Simmons
Attorney
Avg. question only $36
16 yrs. of trial experience
11 May 2013
Your question matters. P. Simmons and 14 other Lawyers are ready to help. Ask your own question

Ask your own question to a Lawyer online now

  • 100% money-back guarantee
  • Prices start as low as $19
  • Join 8.5 million satisfied customers
Conversations are covered by our Disclaimer.