Can non-POA review parent's accounts to stop sibling's power of attorney abuse?
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?
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.
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