Im asking on behalf of my parents.
My grandmother had terminal brain cancer and before she fell completely ill she sold her house and gave my mother power of attorney. The money from the house was paid into my grandmother's account.
That money went to any expenses my grandmother had while she was living with us. When she got too ill she was put into a frail care facility and the money from her house was also used towards those payments as well as her medication that the medical aid didn't want to cover.
She passed away on the 10th of January and now her other two children wants to sue my mother for the money.
They know how much my grandmother received for her house and they did the math and they know how much to expect when she is gone. Now that she is gone and the amount is a lot less than they expected they want to sue my family for the difference because now they wont get the full amount on what they calculated.
My actual question is.. What can they do they have a foot to stand on since my mother had the power of attorney over my grandmother's finances. And what can my parents do to strengthen their case against my uncle and aunt
My grandmother had terminal brain cancer and before she fell completely ill she sold her house and gave my mother power of attorney. The money from the house was paid into my grandmother's account.
That money went to any expenses my grandmother had while she was living with us. When she got too ill she was put into a frail care facility and the money from her house was also used towards those payments as well as her medication that the medical aid didn't want to cover.
She passed away on the 10th of January and now her other two children wants to sue my mother for the money.
They know how much my grandmother received for her house and they did the math and they know how much to expect when she is gone. Now that she is gone and the amount is a lot less than they expected they want to sue my family for the difference because now they wont get the full amount on what they calculated.
My actual question is.. What can they do they have a foot to stand on since my mother had the power of attorney over my grandmother's finances. And what can my parents do to strengthen their case against my uncle and aunt
Antworten von Anwälten
Ascendance International Consulting (A-I-C)
Jan 26, 2026
Jan 26, 2026
Thank you for sharing the details of your situation. It sounds like your mother acted in a responsible manner by using the funds for your grandmother’s care and medical expenses, which is a common use of power of attorney. That said, there are important legal considerations in cases like this, particularly when family members are involved, and allegations are made.
Power of Attorney and Its Limits: The power of attorney (POA) granted to your mother gave her the legal authority to manage your grandmother’s financial affairs, but it is important to note that the power of attorney should always be used in the best interest of the person who granted it—in this case, your grandmother. As long as your mother used the money for the expenses associated with your grandmother's care, including medical and living expenses, she was likely acting within the scope of her authority.
Documentation and Record-Keeping: It is crucial that your parents have proper documentation to back up the use of the funds. This includes receipts for medical expenses, frail care fees, and any other costs that were paid from the funds. Bank statements showing the deposits and withdrawals from your grandmother’s account, and the payments made for her care. Statements from the frail care facility or medical aid indicating the amounts owed and the payments made. Proper record-keeping can help demonstrate that the funds were used appropriately for your grandmother’s care and well-being.
What the Other Family Members Can Do: Your aunt and uncle may seek legal action if they believe that funds were misappropriated or used for purposes other than your grandmother's care. However, they would need to prove that your mother misused the money, which could be difficult if the funds were clearly allocated for legitimate expenses like medical care and frail care.
What Your Parents Can Do to Strengthen Their Case: Gather all evidence: Ensure that your mother has clear records and receipts to prove that the funds were used correctly. This includes not only medical bills and frail care fees but also any other expenses related to your grandmother’s final months. Consult a lawyer: Your family should consider consulting a local attorney who specializes in estates and power of attorney matters. A lawyer can review the situation, provide legal advice, and help ensure that your mother’s actions were in line with her legal responsibilities. Communicate openly: It may also be helpful for your parents to have a frank discussion with your uncle and aunt, if possible, to explain how the funds were used. If they can show that your mother acted in good faith, this could resolve misunderstandings and potentially avoid legal action.
Probate and Estate Issues: When your grandmother passed away, her estate may be subject to probate. Any claims from your aunt and uncle will likely be addressed during this process, where the will (if one exists) and any debts or claims on the estate are settled. If there is no will, the estate will be divided according to South African intestate succession laws. If your mother’s actions were in line with her duties under the power of attorney, it would be difficult for your aunt and uncle to successfully sue her for the remaining balance.
In summary, as long as your mother used the money for legitimate expenses directly related to your grandmother’s care, and there is documentation to prove this, it is unlikely that your aunt and uncle have a strong legal claim. However, having a lawyer review the situation and help your parents prepare the proper documentation would provide additional protection and clarity.
Sincerely, Ascendance International Consulting
Power of Attorney and Its Limits: The power of attorney (POA) granted to your mother gave her the legal authority to manage your grandmother’s financial affairs, but it is important to note that the power of attorney should always be used in the best interest of the person who granted it—in this case, your grandmother. As long as your mother used the money for the expenses associated with your grandmother's care, including medical and living expenses, she was likely acting within the scope of her authority.
Documentation and Record-Keeping: It is crucial that your parents have proper documentation to back up the use of the funds. This includes receipts for medical expenses, frail care fees, and any other costs that were paid from the funds. Bank statements showing the deposits and withdrawals from your grandmother’s account, and the payments made for her care. Statements from the frail care facility or medical aid indicating the amounts owed and the payments made. Proper record-keeping can help demonstrate that the funds were used appropriately for your grandmother’s care and well-being.
What the Other Family Members Can Do: Your aunt and uncle may seek legal action if they believe that funds were misappropriated or used for purposes other than your grandmother's care. However, they would need to prove that your mother misused the money, which could be difficult if the funds were clearly allocated for legitimate expenses like medical care and frail care.
What Your Parents Can Do to Strengthen Their Case: Gather all evidence: Ensure that your mother has clear records and receipts to prove that the funds were used correctly. This includes not only medical bills and frail care fees but also any other expenses related to your grandmother’s final months. Consult a lawyer: Your family should consider consulting a local attorney who specializes in estates and power of attorney matters. A lawyer can review the situation, provide legal advice, and help ensure that your mother’s actions were in line with her legal responsibilities. Communicate openly: It may also be helpful for your parents to have a frank discussion with your uncle and aunt, if possible, to explain how the funds were used. If they can show that your mother acted in good faith, this could resolve misunderstandings and potentially avoid legal action.
Probate and Estate Issues: When your grandmother passed away, her estate may be subject to probate. Any claims from your aunt and uncle will likely be addressed during this process, where the will (if one exists) and any debts or claims on the estate are settled. If there is no will, the estate will be divided according to South African intestate succession laws. If your mother’s actions were in line with her duties under the power of attorney, it would be difficult for your aunt and uncle to successfully sue her for the remaining balance.
In summary, as long as your mother used the money for legitimate expenses directly related to your grandmother’s care, and there is documentation to prove this, it is unlikely that your aunt and uncle have a strong legal claim. However, having a lawyer review the situation and help your parents prepare the proper documentation would provide additional protection and clarity.
Sincerely, Ascendance International Consulting
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