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  1. #1

    Default Duties of Power of Attorney for Family Trust in Texas

    Due to a botched eye-laser procedure and subsequent ineffective
    cornea transplants, my 80 yr old dad has recentlly become dependant
    upon in-home caregivers to care for him and my bed-ridden step mom.
    When dad could no longer read his own mail or count the cash in his
    wallet he realized it was time to delegate authority over maintaining
    his finances so he made my sister the Power of Attny.
    She lives in Missouri. At or about this time he also increased
    his in-home careprovider services from one person who came to
    his home daily to prepare meals and such bringing
    in two new people for 24/7 attendance.

    When dad told me that he actually hired these people as his
    "employees", I was careful not to reveal my immediate shock and
    concern about this.When dad said that these employees were referred
    to him by the previous caregiver and that he hadn't done any
    background investigation on these strangers, I got the feeling that this
    piece of business was transacted w/o the use of any lawyer's prudent
    oversight and advice.

    Neither my dad, brother nor sister have ever managed a company nor
    have been responsible for any "employees". My sister is a sociopath
    who systemically rejects/opposes/demonizes pretty much everything
    I say or do and expelled me from her life 15 yrs ago.

    Not surprisingly she did not responde to my recent email I sent to
    her suggesting that we discuss dad's hiring of live-in employees as I
    suspect there may be liability issues and possibly safety issues as well
    to consider/rectify.

    What are the implications for a family trust when employees are
    hired? Do my estranged relations with my idiot sister/power of attny
    render me legally powerless to do things such as requiring/demanding
    that I be notified about urgent business matters and/or sudden
    changes in his health (currently I learn stuff days and weeks after
    they happen) Can I initiate some rational bus activities on my own
    such as hiring a lawyer to review dad's situation, have caregivers
    thoroughly investigated with respect to ensuring dad's care needs
    are being met w/o placing his estate/safety at risk/liability and
    then have the lawyer bill my dad so that my oyster-brain sister
    can pay it?

  2. #2
    Join Date
    Mar 2005
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    Default Re: Duties of Power of Attorney for Family Trust in Texas

    What does the family trust have to do with any of this? You haven't told us anything about the trust, its nature or purposes, its trustee, its beneficiaries....

    You can consider seeking the appointment of a guardian. A court's order appointing a guardian would terminate the power of attorney.

  3. #3

    Default Re: Duties of Power of Attorney for Family Trust in Texas

    Why was your sister given POA rather than you? If they are employees then there are certain requirements to be followed including withholding state and federal taxes. There is also a potential liability should one of them get hurt. Back injuries are the most frequent ones.

  4. #4

    Default Re: Duties of Power of Attorney for Family Trust in Texas

    Quote Quoting aaron
    View Post
    What does the family trust have to do with any of this? You haven't told us anything about the trust, its nature or purposes, its trustee, its beneficiaries....

    You can consider seeking the appointment of a guardian. A court's order appointing a guardian would terminate the power of attorney.

    After my parents divorced 20 yrs ago, dad set up a trust
    naming his 3 kids as beneficiaries. He did this I assume
    because it offerred some tax advantages(?) but beyond
    that, I'm unaware of the details. Dad's investments have
    been mostly in real estate.

  5. #5

    Default Re: Duties of Power of Attorney for Family Trust in Texas

    Quote Quoting lwpat
    View Post
    Why was your sister given POA rather than you? If they are employees then there are certain requirements to be followed including withholding state and federal taxes. There is also a potential liability should one of them get hurt. Back injuries are the most frequent ones.
    My sister was appointed because she lives much closer than
    my brother( in NJ) and I (in Ca.) and is abled to see him more often.He mentioned that she's been doing a good job paying his bills on time etc. and I trust that she can handle that those tasks.

    While dads assets require no MBA/CPA to keep track of, this business of dealing with careproviders, IMO, should have been a no-brainer decision for dad or my sister (even if she was an MBA/CPA) to get a lawyer's advice/ guidance
    before inviting a couple of absolute strangers to move in and take over control of his household!

    Yes dad's withholding taxes and the whole nine.
    But ask me what dad or my sister know about things like
    dealing with supervisory issues, allegations by employees of harassment or sexual harassment and the other endless list of very complex and often non intutitive areas of the
    labor law!!!

    Slip and fall accidents? Why sure, how lovely ..its so kind
    of you offer...yes, I believe dad wants two(2) of these
    since he has two employees he's accountable for.And if
    its not too much trouble how about some carpel tunnel
    sydrone, some chronic neck /back inuries and perhaps to
    top it off a good jolt of allegations of SEXUAL HARASSMENT
    ASSAULT/FEAR/HUMILIAITION and VERBAL ABUSE.
    This way the employees lawyers will have a cascading tort
    action that will provide decades of searing regret to my
    bozo sister for ignoring my uninvited concerns/suggestions
    to her!

    I'm unaware of the labor laws in Texas and the laws/regs
    pertaining to caregivers. I do know however that
    careprovider services is one of the fastest growing
    industries in the US I know too that here in Ca. the
    Dept of Corrections/Parole is providing on the job skills
    training , certifications, and job placement assistance to
    easrly released felons!! Last year I happened to meet a guy in his mid 30'd out of prison only 8 months after
    serving 5 yrs for armed robbery and drug dealing. He's
    working La Jolla taking care of an elderly woman in her
    80's!

    I need a drink.

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