QUESTION
Do I have a legal right, as the second POA, to view all of the financial records and how would I go about gaining access?
Asked on Oct 06th, 2013 on Estate Planning - Michigan
More details to this question:
Since my father passed away, my brother has taken over the full finance control of my mother's finances. He is listed as the first POA and I am listed as the second POA and first POM. My mother is 90 years old. There are problems with the family. My brother does not communicate with me and is a great influence over my mother. I am concerned that he may not be handling her money in her best interest. However I have no way to know for certain.
12 ANSWERS
You have the right to demand an accounting, and should do so in writing. If he won't comply, you will need to petition a court.
Answered on Oct 09th, 2013 at 11:18 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You are going to have to fie a petition in probate court and have a judge decide who will be in control of the finances.
Answered on Oct 09th, 2013 at 4:23 AM
Edwin K. Niles
You should probably consult a lawyer familiar with conservatorships. If you get the court involved all will have to be transparent.
Answered on Oct 08th, 2013 at 2:26 PM
2 Awards
You have no legal rights as a second POA. If you have a strong reason to believe your brother is misappropriating your mother's money (he is unemployed but just bought a new car for instance), consider filing a conservatorship. Otherwise you will likely just have to wait and see.
Answered on Oct 08th, 2013 at 2:17 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It depends. The POA will say whether either of you can act, or whether you can act only when your brother can't. If you think your brother is misusing your mother's funds, you need to lawyer up and maybe sue him.
Answered on Oct 08th, 2013 at 12:27 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Open communication is the best way to proceed, if at all possible. You could always take this to the court or Adult Protective Services. Both of them would conduct an investigation. In either case, your brother would resent the involvement, if nothing else, and it might hinder your future relations with him. Lack of communication is problematic in most situations. I would try to be proactive and make sure that you let your mom, AND your brother know that you are available and willing to assist in any way you can. There is no way for you to compel accounting's, at this point. Your brother is accountable to your mother, but not to you.
Answered on Oct 08th, 2013 at 11:35 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Powers o attorney die with the person and are not effective after death of the maker. You could force a conservatorship of the person and estate of your mother, wherein you become appointed conservator and compel your brother to produce the financial records.
Answered on Oct 08th, 2013 at 11:07 AM
Thomas Edward Gates
You have no right since you are the second alternate and your powers do not take effect until the first alternate is unable or unwilling to perform.
Answered on Oct 08th, 2013 at 10:48 AM
As elder fraud and potential elder fraud is such a serious problem, you should consult with an elder law attorney to assess your rights, options and any obligation to report to authorities. Do not proceed or rely on any advice you obtain over the internet.
Answered on Oct 08th, 2013 at 10:43 AM
Unless you're listed as co-POA's, you don't have much authority in the matter. You're rather like the Vice President; the amount you know and are involved in depends on the President's choice. If your concerns about your mother truly are about her and not a just desire to make your brother share what he knows, contact your local agency on seniors or aging. They can help you decide if there is a problem and what to do about it.
Answered on Oct 08th, 2013 at 10:28 AM
3 Awards
As the alternate Power of Attorney of are not entitled to review the records, unless the document so provides. I doubt that it does but it may. It may be that you should consult with a guardianship attorney to address your concerns and determine whether an action should be initiate or to otherwise attempt to seek information from your brother. I suggest you speak with a guardianship attorney where your mother resides as that will be the operative law that applies. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 08th, 2013 at 9:42 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Petition the Probate Court in the county where your Mother lives for appointment of a conservator.
Answered on Oct 08th, 2013 at 9:20 AM