How can I find out who holds the POA?

1 answer | Last updated: Feb 09, 2011
64px-hh6b80fd52d1
Q
An anonymous caregiver asked...
My sister tells me she has power of attorney from my mother. I have never seen the document. Is she be required to show it to me?
 

Answers
Caring.com User - Denis Clifford
Caring.com Expert
Send a Hug or Prayer
Send a Hug or Prayer
A
Denis Clifford is a lawyer specializing in estate planning. A graduate of Columbia Law School, where he was an editor of the Law Review...
100% helpful
answered...

Unfortunately, it's not easy to find out if someone holds a power of attorney given by another person. I know of no law that requires that a person who holds See also:
What to Expect from a Trusts and Estates Attorney
the POA (called the "attorney-in-fact") must show the document to concerned people, including (other) family members.

However, there are a number of actions you could take. First, you could ask your mother, assuming she is mentally competent, if she has given a POA to her daughter, your sister. If you mother says she has, you could ask her if you could look at it. You could also ask your sister to show you the document, but I gather that she would be unlikely to do so. Finally, if you suspect that you sister is abusing her authority—either by not actually having a POA, or having one but not using her authority in the best interests of your mother—you could tell your sister that you want to read the POA and, if she refuses, you might have to file a lawsuit against her for abusing her powers. Lawsuits are alway a nasty and expensive business, so I suggest that you file one only if you are quite sure that your sister is doing things which cause harm to your mother.

 

 
Ask a question Ask a question | Add an answer Add an answer

Assisted living costs near you

Compare pictures, pricing, options.