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joe1939 Asked May 2020

How broad is my authority on initiating actions I'm confident my brother would support?

My brother has a long-term care insurance policy with no top limit and Medicare insurance. He also receives SS and pension payments monthly.
This plus stock investments and forthcoming income due to selling his home.
A sister-in law has two children and I also have two children that could use some financial support. I'm financially secure.
Is it within my authority to direct some of John's finances to the children while he's still living?

GardenArtist May 2020
Your profile indicates you're Trustee as well as proxies under springing and medical POA. These are the sources for what you can do.

Some Trusts provide for periodic and/or annual disbursements to family members, especially from asset portfolios. You need to review the Trust thoroughly, and even better, ask for interpretation from the attorney who prepared the Trust if and under what circumstances disbursements can be made to the children.

Given that he's in need of a high level of care, and if there are any provisions for disbursements to heirs while he's still living, I'm thinking that a properly drafted Trust would first provide that funds go to his maintenance and needs. That's an aspect you need to verify.

JoAnn29 May 2020
No sorry, that is not within your authority as a POA. Its not his responsibility to care for nieces and nephews.

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Becky04401 May 2020
NO, If you’re financially secure, give your children some of your money.

Shane1124 May 2020
No you cannot.

Tothill May 2020
Absolutely not.

worriedinCali May 2020
No it isn’t within your authority to give johns money to your children and your sister-in-laws children. If he’s no longer competent and of sound mind, you cannot take it upon yourself to give his money away.

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