Breach of fiduciary duty.

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My dad's step grandson had Financial POA for him and put my dad into an assisted living facility (April 2014) due to my dad having moderate dementia. He did not ask my sisters and I if that is what we wished. It took my sister and I over a month to get my dad out of the assisted living, the facility said he could not be discharged unless dad rescinded the POA. Is that legal if he only had Financial POA?
My dad has since rescinded his step grandson's POA (with an attorney) and has given it to my sister and I. He now lives with me. Before the POA was rescinded, he (step grandson) leased my dads $180,000 fully furnished home to his (step grandsons) mother for $100 a month for a period of 5 years with the caveat that she is to do repairs, etc. He is also co-owner of the house when his grandmother passed and receives half of the $100, leaving my dad with only $50 per month. His property taxes and house insurance cost quite a bit more than $600 a year (~$3000 per year, his house insurance went up considerable due to having a renter). The stepgrandson is also not assisting with the house insurance or property taxes and hasn't paid dad any rent since June 2014. The step grandson has also not paid anything to my dad once he became a co-owner in December 2012 after my stephmother's will was probated. Is this a breach of fiduciary duty?
Also the same individual was the executor of his grandmother's estate, it took him 2.5 years to probate her will and included only assets, the only debt he listed was her burial, which my father paid. Since my dad has been with me and I'm now taking care of his finances, I have found at the time of her death ~$90,000 of credit card debt. Isn't he liable for half of that debt? Is that legal on his part as executor to not include the debt?

6 Comments

Dude, you need a lawyer. My eyes glazed over just reading this. Sorry, I know you have some real issues going on, but you're going to need more than some chats on this site to fix these messes. Good luck.
Just checked your profile. Sorry about the "Dude".
Yeah I know, we have a lawyer, but he isn't an elder law attorney. He needs all the help he can get. We live in a small town and we don't have any elder law folks here.
Go into a larger city in the state in which you live, and get an Elder law attorney.
Manville, the big question is did your step-mother have any assets? Your dad is only liable for the cc debt if the accounts are joint accounts. The cc debt should have been paid from her assets (if there were any). It sounds like you dad needs to file a "partition" lawsuit against the step-grandson. This will force the sale of the house.
I'm a bit confused about the house. There's your father's house, but this statement confuses me:

"He is also co-owner of the house when his grandmother passed and receives half of the $100, leaving my dad with only $50 per month. "

Is this the same house, and if so and if I understand correctly, the son has made a probably less than fair market value rental arrangement by which he himself profits. If this the situation?

Sorry, but I just can't follow the issue on property taxes and insurance and the house on which the step-grandson became a co-owner. Are there 2 houses involved? Could you clarify?

As to the credit card debt, how did you find out and was this entire amount charged during the step grandson's reign? That's an incredible amount of debt - typically only extended to "individuals of high net worth" as the banks refer to them.

What's the step grandson's professional position? I'm wondering how he got that kind of credit line in the first place, or was he using your father's or grandmother's charge card? Equally as important, how much of this $90K was paid off?

I think there's definitely some inappropriate action in the house rental but there are details which I just don't understand, including the astronomical credit card debt and how so much credit could have been extended.

You do need to see an attorney, possibly a bankruptcy attorney as well as an elder law attorney. I think eventually a visit to the local law enforcement agency is in order as well.

In the meantime, you're going to need all the documentation you can get to provide to law enforcement authorities.

Whoops - I see this is an older post so the issue may already have been addressed.

Keep the conversation going (or start a new one)

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