We are working remotely and all of us continue to be available by telephone or email. In alignment with national, state and local initiatives as it relates to the coronavirus, we remain open for business and have changed the way we are working for the health and well-being of our employees, and you, our valued clients and colleagues. Read more

Mason & Helmers
We Welcome Your Call
  • Phone 651-323-2548
  • Toll Free 877-389-5533

Sibling disputes regarding power of attorney

Specifying a Minnesota power of attorney is one of the most important estate planning activities a person should do. A power of attorney has the job because it allows someone the ability to act on behalf of an incapacitated or deceased person. There is either a medical power of attorney who is charge of a person's medical treatments or a financial power of attorney who has financial power, including opening and closing bank accounts, paying bills, cashing checks, etc. Both of these tasks require the power of attorney to act on the best interest of their principal.

When a parent names one of their children to be their power of attorney, it can cause problems among the other children who may feel left out. Siblings may feel distrust among the other siblings, and they may also not agree with the choices that are made. There are certain things a family should know about a power of attorney designation.

First, the power of attorney designation ends at death. The agent no longer has any power of the principal's estate once they die and the court will appoint an executor. Once a parent is incapacitated, they cannot revoke a power of attorney. If an agent is acting improperly, the family members will need to file a petition in court to challenge the agent. The court can revoke the power of attorney and appoint a guardian. If a parent is competent, they can revoke a power of attorney at any time.

Most families disagree about their parent's care at least once in a while. While everyone has their parent's best interest at heart, sometimes, one may feel like a sibling is making a bad decision. An attorney who specializes in probate dispute understands that families who are not in agreement need guidance. Instead of risking the end of a family relationship, an attorney can help a family talk through their differences and help come to a mutual agreement. It is important that everyone keeps the parent's best interest in the forefront and make decisions based on that instead of emotions.

Families often disagree about issues regarding their parents. It is important that families always keep in mind the best interest of their parents and work through the differences that may arise.

No Comments

Leave a comment
Comment Information

For Assistance with Estate Disputes & Other Matters, Contact Us

To learn more about the firm and how we can assist you,
contact Mason & Helmers in St. Paul, Minnesota. Call 651-323-2548 or 877-389-5533 (toll free) to set up an appointment.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review
rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.

Contact Our Attorneys

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
Mason & Helmers

Mason & Helmers
332 Minnesota Street
Suite W-3070
St. Paul, MN 55101

Toll Free: 877-389-5533
Phone: 651-323-2548
St. Paul Law Office Map