Should we get a lawyer to protect myself from my brother when my parents pass away? - AgingCare.com

Should we get a lawyer to protect myself from my brother when my parents pass away?

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Both my parents r with hospice, they moved in with me and my husband and I have been taking care of them.we had to hire help to help us,because it became to hard to do ourself. Now my brother is saying he is going to sue us when they pass away for spending all their money..should we get a lawyer.

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Just wondering who has Power of Attorney, health care decision maker and who is the executor of their estates? As the others have said, not a penny gets spent without documentation. Keep the BEST records imaginable.

I agree with Jeanne, if they hire an attorney, then you must.
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If you brother does actually contact you through a lawyer, then, yes, you'd better be represented by an attorney, too. Have you dealt with a lawyer in setting DPOA or care agreements, etc?

If you have spend your parents money on their care, and room and board, hey, no problem (except documenting it, which could be a pain.)

If your brother claims you took fabulous vacations and just bought a new car with your parents' money, that may be a tougher fight.

Good luck!
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I can't say for sure, not knowing whether your brother really is mean and selfish enough to actually go to court and try to claim you spent too much money taking care of Mom and Dad (versus just being ignorant and letting off steam)! I'd make sure I could document what the money went for, and if there is going to be a question of Medicaid spend down issues or anything else, a good elder care attorney consult would not be a bad idea at all. Sorry to hear you are going through this!
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Yes. If your brother is the type of person to actually sue his family for doing what he won't do (take care of his folks) then the answer is yes.
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