Can non-POA review parent's accounts to stop sibling's power of attorney abuse? A sibling has financial POA for a parent. There is strong evidence that some of the money in the parent's account is being used for that sibling's children. Is there a legal way in which the account can be opened for viewing if the sibling objects to resolve any power of attorney misconduct?
Expert Answer by Barbara Kate Repa
The question/answer by Anonymous points up something that might be of help to sdroads .
If there is strong evidence that the agent named in the power of attorney has acted other than in the parent's best interests, or has actually misused property or funds, take that evidence to the court that approved the POA--usually the nearest probate court. Many have the discretion to remove the POA, or demand an accounting of how and why the funds were spent.
Expert Answer by Steve Weisman
Unfortunately, privacy which is one of the benefits of a Durable Power of Attorney is also a detriment in situations such as you describe. An agent under a Durable Power of Attorney is under an obligation to act in the best interests of the person for whom he or she is acting. The agent under the specific Durable Power of Attorney may also be authorized pursuant to the Durable Power of Attorney to make gifts as you describe. So the situation may be either quite legitimate or terribly wrong. If the parent is still of sound mind, you should bring your concerns to his or her attention. If he or she is no longer of sound mind you should consult a lawyer about filing a petition for the appointment of a guardian or conservator to examine these matters.
Answer
I don't understand why I was taken off as durable power of attorney after my Dad was deemed incompetent. Prior to my Mom's death, she was also DFPOA. My Dad was competent at the time to sign the DFPOA.
Of course I was accused of stealing all sorts of money. This is simply not true. I was an authorized user on some of their credit cards mostly because if I had to call about an account, I needed to be an authorized user. At times, I used my parent's credit card to purchase things for the home such as paint (I painted the entire house by myself for my parents and now I am being accused of stealing because I charged paint on their credit card?)
The Clerk of Courts decided that there was some suspicioius activity, but wasn't sure so he felt he need to be cautous with my Dad's money and deemed it necessary for my Dad to have a Guardian of his Finances.
The Guardian of his Finances is an absolute joke. I gave him my Dad's separation papers from the Navy in March, 2008. He still hasn't filled for VA benefits in which my Dad is entitled to since he was in the Navy during wartime. VA Benefits pay retroactively from the date they were filed. This jerk threw away about $15,000.00 that my Dad shoule have received from the VA.
What happened to the DURABLE part of DFPOA? My sisters continue to tell everyone that I stole money from my parents. That is simply not true. I have given them all of their bank statements, credit card statement, etc. Yet they still have no proof of their accusations....because it never happened.
I suppose this is more of a Question than an Answer, but if anyone is given DFPOA, be very careful...even if you go pick up prescriptions and use your parents credit card or debit card to pay for them. It looks as if I went to the drug store and bought things for myself (even with the receipts). My Dad's GOF simply doesn't have any money left in my Dad's account. He allowed my sister, Guardian of His Person to place my Dad in an assisted living, when it was recommended that the best place for him was at home with me and his dog. So now my Dad is paying $4500.00/month for a place he doesn't need, nor does he want to stay.
If you get a DFPOA, make sure it is Durable...I would ask a lawyer how to make sure the same thing doesn't happen in your family.
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