Dear Mr. Premack: I have power of attorney over my aunt's finances. My responsibility goes way beyond paying her bills and handling her accounts. I also refill her prescriptions, make doctor's appointments, dispense her medications and take her to her doctor. She lives in her own home, so I have to make trips to her home to do those tasks. Am I entitled to any reimbursement for my time and effort in taking care of her? She does not use all of her monthly income, so her extra money is being saved for her son (who says he cannot help take care of his mother). AH

When you act as Agent under a power of attorney, you become a fiduciary. You must always make decisions that put the best interests of the principal (your aunt) ahead of your own interests. But your legal obligations are limited: you have been appointed as the financial assistant, not the full time caretaker.

If your aunt needs help with health care issues, she (or you as her agent) can hire and pay a home health agency to provide that care. It may cost more, but she has extra income that is being accumulated. Her son’s future interest most certainly takes a back seat to seeing she has proper health care now.

Assuming that your aunt’s power of attorney follows the Texas statute, then as her Agent you are entitled to reimbursement for "expenditures made in exercising the powers" granted in the document. You can be repaid for your out of pocket expenses, like gasoline used while you are taking care of her business or traveling to her home. If you spend your own money to pay an accountant to do her taxes, you can legally be reimbursed. You should get receipts and keep clear records.

However, unless the power of attorney she signed explicitly says so you are not allowed a fee for your personal time and effort. She might agree to change the arrangement, but it must be her decision (you can’t be compensated without her permission). She might also consider thanking you by giving you a monetary gift or leaving you something in her Will. Again, it must be her decision.

If the job of acting as her agent has become too burdensome – something that can easily happen – then you have options:

1. You can resign and allow whomever she nominated in the power of attorney as your successor to carry the load. If she did not provide an alternate, she may certainly be well enough to create a new power of attorney appointing some other willing person.

2. You can spread the load by hiring assistants to do some of the work. You can go beyond hiring a home health agency. The law allows you to use her money to hire other assistants, like a broker to manage her investments or a bookkeeper to balance her checkbook and pay her bills.

3. Speak to her son to see how he can become involved. He may not realize that there are things he can do to help that are within his abilities: picking up groceries, driving her to the doctor or calling every day to be sure she is feeling well.