Is there a such thing as a power of attorney fee?
I have taken care of my mother-in-laws affairs for 2 years and have a law suit against a nursing home. I have power-of attorney. She will be settling with the nursing home soon and now her son who has been non-existant in her life these 2 years wants power-of-attorney. I would like for her burial expenses to be taken care of as well as other preparations for her, however I also believe that when her son gets the money from the law suit none of this will be don for her.She will not see any substantial amount of this money for herself. Is their a fee I can claim for the work I’ve done for her these past 2 years of handling her affairs?
Re: Is there a such thing as a power of attorney fee?
If your mother-in-law is competent, she can authorize payment for your services. There might also be something in the document that you have that grants the power.
If your mother-in-law is not compentent, she cannot make a new power of attorney naming her son or anyone else. Your continued power would depend on what your document says.
If she is incompetent or if you are concerned with the son exercising undue influence and wasting her assets, you should contact the lawyer who is handling the lawsuit in which she is involved. That lawyer can arrange for payment of any settlement amount to be made only after mother-in-law’s competence is determined. At the same time, you might consider filing a guardianship action. This would result in a court-appointed guardian being named to manage your mother-in-law’s affairs. There will be a cost involved there, but it may be worthwhile if the settlement would be large.
If you have a valid power that has not expired or been revoked, there is no reason why you can’t make the funeral arrangements, etc. now provided that you make it clear to the other parties that they have to look only to your mother-in-law for payment.
If you need help with any of this, call me or email me. My contact information appears in the links with this message.
John Corbett
Corbett Law Firm LLC
303 Walnut Ave.
Evesham, NJ 08053-7016
Re: Is there a such thing as a power of attorney fee?
To answer your question, I would need to see the power of attorney. It might say that you get paid back expenses for taking action under the power of attorney. There might be some other basis for you to get paid back, but that will take some more information.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. The consultation may be free, speak to me and I will let you know ahead of time. I will do what I can to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Robert Davies
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack, NJ 07601
Re: Is there a such thing as a power of attorney fee?
An attorney-in-fact is entitled to ‘reasonable compensation’ but I assume her son would probably oppose your fee application so you would need to go to court to get your fee approved.
You should pre-pay your mother-in-laws funeral expenses now while you have power to do so if you feel the son will not take care of this for his mother.
How does the son plan on becoming attorney in fact? Is your mother-in-law competent? If not, she will not be able to sign a new power of attorney naming the son in any event.
Jonathan Chester
Lindabury, McCormick, Estabrook & Cooper, P.C.
480 Morris Avenue
Summit, NJ 07901