Dear Mr. Premack: I am agent for both my parents under their statutory durable powers of attorney. They are both in their 80s, residing in assisted living and unable to manage their own finances. I have spent so many hours trying to straighten out their financial and medical situations that my own affairs are getting untidy and haphazard. Am I as the agent, allowed to charge for my services? I am not talking about charging for visits with them, but for the days spent straightening out just another mess. I have put about 4000 extra miles on my car but they have not offered to pay for gas, etc. I have to hire people to do work around my house because I either do not have the time or am exhausted after dealing with their problems. When I ask them about being reimbursed for my expenses, they said OK, but that a like amount would also be given to my brothers (who live out of town and have done nothing to help) because we are "all equal.' - CAM

The law behind statutory durable powers of attorney contains a provision that an agent maybe reimbursed "for expenditures made in exercising the powers granted." If the documents your parents· signed are "statutory" (that is, are based on the 1993 changes to Texas law) then you already have your parents’ permission to be paid for gas and other out-of-pocket expenses you incurred while carrying out your duties as agent.

If their documents are older than 1993 or if they do not include the statutory provisions, then you might not have authority to reimburse yourself for your expenses. It depends entirely on the legal wording included in the documents.

If there is no wording authorizing you to be reimbursed, then you cannot be reimbursed. Even if your parents did include a provision authorizing reimbursement, you are not necessarily automatically entitled to reimbursement.

Why? First, as their agent you are a fiduciary. You must always ask whether the .action you are about to take fulfills their intentions and is in their best interests. In your letter, you said that when you asked them for reimbursement they said "OK" on condition that your brothers are paid the same amount. Those are valid direct instructions from the principal to you as agent.

Even if you feel there is no justice when your brothers get money after you did all the work, the money belongs to your parents so they may attach those strings. You also ask if you can charge for the services you are providing.

Again, if the wording in the durable power of attorney authorizes a fee, then you may draw it. If the document says nothing, then you may not draw a fee. The work you are doing for your parents is valuable, and if you were not around to do it then they would certainly have to pay a professional a handsome fee for similar assistance. Perhaps they will see the value and agree to pay you, perhaps not.

You may, of course, decline to provide any further services. You can resign as their agent which, depending on the wording in the durable powers of attorney, may transfer the job to one of your brothers. No doubt after a short time he would look back fondly on the days when you were taking care of all the details. Strategically, you might enlist your brothers' influence by telling them that you are considering resigning if you have to keep spending your own money. They may just ask your parents to start covering your costs.